Matura D/O Shrimanti Mahar @ ... vs Shri.Manik S/O Gokul Mahar @ ...
2023 Latest Caselaw 3266 Kant

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                                              MFA No. 102745 of 2019




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                     DATED THIS THE 14TH DAY OF JUNE, 2023

                                     BEFORE

                       THE HON'BLE MRS. JUSTICE M.G.UMA

            MISCELLANEOUS FIRST APPEAL NO.102745/2019 (ISA)

            BETWEEN:

            MATURA D/O. SHRIMANTI MAHAR @ KAMBALE,
            AGE ABOUT 73 YEARS, OCC: HOUSE HOLD WORK,
            R/O: LOKUR, TA: KAGAWAD,
            DIST: BELAGAVI - 590 002.
                                                        ...APPELLANT
            (BY SRI M. M. PATIL, ADVOCATE)

            AND:

            SHRI MANIK S/O. GOKUL MAHAR @ KAMBALE,
            AGE ABOUT 48 YEARS, OCC: AGRICULTURE,
            R/O: LOKUR, TA: KAGAWAD,
            DIST: BELAGAVI - 590 002.
                                                      ...RESPONDENT
            (BY    SRI ROSHAN SAHEB CHABBI, ADVOCATE FOR
Digitally          SRI SHIVARAJ S. BALLOLLI)
signed by
VINAYAKA
BV               THIS MFA IS FILED UNDER SECTION 299 AND 384 OF
            THE INDIAN SUCCESSION ACT, 1925, AGAINST THE
            JUDGMENT AND DECREE DATED 13.06.2018, PASSED IN P AND
            SC.NO.08/2018, ON THE FILE OF THE XI ADDITIONAL
            DISTRICT AND SESSIONS JUDGE, BELAGAVI, ALLOWING THE
            PETITION FILED UNDER SECTION 278 OF INDIAN SUCCESSION
            ACT, 1925.

                   THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
            DAY, THE COURT MADE THE FOLLOWING:
                              -2-
                                      MFA No. 102745 of 2019




                           ORDER

Learned counsel for the appellant filed memo seeking permission to withdraw the appeal with liberty to move to the Trial Court by filing the petition under Section 263 of Indian Succession Act.

Learned counsel for the respondent has no objection for the same.

Memo is placed on record.

Appeal is dismissed as not pressed with liberty to the appellant to approach the Trial Court under Section 263 of the Indian Succession Act.

It is noticed that an interim order restraining the respondent from alienating the properties which are subject matter of the Will dated 14.01.1998 was passed vide order dated 16.11.2022, same shall be in force for a period of 4 months from today to enable the appellant to approach the Trial Court.

SD/-

JUDGE

RH