Sri.S.Yoga vs Ramakrishna Math
2023 Latest Caselaw 6960 Kant

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                                                  NC: 2023:KHC:35823-DB
                                                  MFA No. 3995 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 4TH DAY OF OCTOBER, 2023

                                      PRESENT
                       THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                        AND
                      THE HON'BLE MR JUSTICE UMESH M ADIGA
               MISCELLANEOUS FIRST APPEAL NO. 3995 OF 2022 (ISA)
               BETWEEN:

                  SRI. S. YOGA
                  S/O S NARASIMHAIAH
                  AGED ABOUT 64 YEARS
                  R/O SOORANAHALLI VILLAGE
                  HOLENARASIPURA TALUK
                  HASSAN DISTRICT
                  PRESENTLY RESIDING AT:
                  HOYSALANAGARA
Digitally         BEERANAHALLI KERE
signed by D       HASSAN.
K BHASKAR                                                  ...APPELLANT
Location:      (BY SRI. VIJAYAKUMAR KO., - ADVOCATE)
High Court
of Karnataka   AND:

                  RAMAKRISHNA MATH
                  A RELIGIOUS AND CULTURAL MATH
                  ESTABLISHED BY SWAMI VIVEKANANDA
                  HAVING ITS HEAD OFFICE AT:
                  BELUR MATH, KOLKATA AND
                  BRANCH MATH AT:
                  BULL TEMPLE ROAD
                  BASAVANAGUDI
                  BENGALURU-560019
                  REP. BY ITS ADHYAKSHA/PRESIDENT.
                                                         ...RESPONDENT
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                                        NC: 2023:KHC:35823-DB
                                         MFA No. 3995 of 2022




      THIS MFA FILED UNDER SECTION 299 OF THE INDIAN
SUCCESSION ACT, 1925 PRAYING TO SET ASIDE THE ORDER
DATED 09.04.2018 PASSED BY THE LEARNED LXII-ADDL. CITY
CIVIL    AND     SESSIONS     JUDGE, BENGALURU      IN
P & S.C.No.269/2016 AND THE CONSEQUENTIAL ISSUANCE OF
PROBATE DATED 25.06.2018 ISSUED IN FAVOUR OF THE
RESPONDENT AND CONSEQUENTLY DISMISS THE SAID
PETITION IN P & S.C.No.269/2016.

     THIS MFA, COMING ON FOR ORDERS, THIS                 DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned counsel Sri Vijaya Kumar KO for the appellant is

on record, but there is no representation either through video

conferencing or present before the Court physically.

2. This appeal is filed challenging the impugned order

passed by the Court below in P & SC No.269/2016 dated

09.04.2018. The said petition was filed by the respondent

herein under Section 276 of the Indian Succession Act for grant

of probate.

3. Even though the matter is slated for 6th time for non-

compliance of office objections, the counsel has not come

NC: 2023:KHC:35823-DB MFA No. 3995 of 2022

forwarded to cure the defects. Therefore, in a peculiar facts

and circumstances of the case, this appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

DKB