Sri. Manjunatha K .K vs Smt. T .J Umesh
2023 Latest Caselaw 6549 Kant

                                               -1-
                                                          NC: 2023:KHC:33466
                                                       MFA No. 5005 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 15TH DAY OF SEPTEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5005 OF 2022 (ISA)
                   BETWEEN:

                   SRI. MANJUNATHA K .K
                   S/O KASHINATH
                   AGED ABOUT 38 YEARS
                   R/O KURKI VILLAGE
                   ANAGODU HOBLI
                   DAVANAGERE TALUK & DISTRICT - 577 514.
                                                                  ...APPELLANT
                   (BY SRI. RUDRAPPA P., ADVOCATE)

                   AND:

                   1.    SMT. T .J UMESH
                         S/O K T JAYADEVAPPA
                         AGED ABOUT 52 YEARS
                         R/O MILK DAIRY STREET
Digitally signed
by                       KURKI VILLAGE, ANAGODU HOBLI
DHANALAKSHMI             DAVANAGERE TALUK & DISTRICT - 577 514.
MURTHY
Location: High
Court of           2.    KASHINATH
Karnataka                S/O LATE REVANASIDDAPPA
                         AGED ABOUT 67 YEARS
                         R/O KURKI VILLAGE
                         ANAGODU HOBLI
                         DAVANAGERE TALUK & DISTRICT-577514.

                   3.    SMT NIRMALAMMA
                         D/O REVANASIDDAPPA
                         W/O LATE BASAVARAJAPPA
                         AGED ABOUT 65 YEARS
                         R/O KURKI VILLAGE
                            -2-
                                       NC: 2023:KHC:33466
                                     MFA No. 5005 of 2022




     ANAGODU HOBLI
     DAVANAGERE TALUK & DISTRICT-577514.

4.   JYOTHI
     D/O KASHINATH
     W/O BASAVARAJ MUNDALAMANI
     AGED ABOUT 42 YEARS
     R/O KABBUR VILLAGE
     HAVERI TALUK & DISTRICT-581110.

5.   SMT GOWRAMMA
     D/O KASHINATH
     W/O KENCHAPPA
     R/O TELIGI VILLAGE
     HARAPANAHALLI TALUK
     VIJAYANAGARA DISTRICT-583123.
                                           ...RESPONDENTS
(BY SRI. SANTOSH R NELKUDURI.,ADVOCATE FOR R1:
NOTICE TO R2 TO R5 SERVED AND UNREPRESENTED)
     THIS MFA IS FILED UNDER SECTION 299 OF INDIAN
SUCCESSION ACT, 1925 AGAINST THE ORDER DATED
18.02.2022 PASSED IN P AND SC.NO.51/2021 ON THE FILE OF
THE PRL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE,
ALLOWING PETITION FILED UNDER SECTION 276 OF INDIAN
SUCCESSION ACT, 1925.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                       JUDGMENT

1. This appeal under Section 299 of India Succession

Act, 1925 (for short the 'Act) is filed by the appellant

challenging the order dated 18.2.2022 passed by the

Court of Prl. District and Sessions Judge, Davanagere in

NC: 2023:KHC:33466 MFA No. 5005 of 2022

P and SC No.51/2021 granting probate under Section 276

of the Act.

2. The learned counsel for the appellant has filed a

memo dated 15.9.2023 seeking permission of this Court to

withdraw the appeal with liberty to approach the

competent court to seek for revocation of the Probate

Certificate.

3. The memo is placed on record.

4. In view of the memo filed, the appeal is dismissed

as withdrawn with liberty to the appellant to approach the

competent court and file a petition under Section 383 of

the Act seeking for revocation of Probate Certificate.

5. In view of dismissal of the appeal, all pending I.As.,

if any, do not survive for consideration and hence, they

are dismissed accordingly.

Sd/-

JUDGE DM