E H Suresha vs Nil
2024 Latest Caselaw 347 Kant

Karnataka High Court

E H Suresha vs Nil on 4 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                     -1-
                                                                     NC: 2024:KHC:350
                                                               MFA No. 8397 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF JANUARY, 2024

                                                BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 8397 OF 2023 (ISA)

                   BETWEEN:

                   1.    E.H. SURESHA
                         S/O LATE HANUMANTHAPPA
                         AGED ABOUT 58 YEARS
                         R/O SURAHONNE VILLAGE
                         HONNALI TALUK
                         DAVANAGERE DISTRICT-577223
                                                                         ...APPELLANT

                               (BY SRI. HANUMANTHAPPA B., ADVOCATE)
                   AND:

                   1.    NIL



Digitally signed
                                                                       ...RESPONDENT
by SHARANYA T
Location: HIGH            THIS   MFA   IS    FILED    UNDER    SEC.299   OF   INDIAN
COURT OF
KARNATAKA          SUCCESSION      ACT,     1925,    AGAINST   THE    ORDER   DATED
                   02.12.2023 PASSED IN P AND SC NO.27/2023 ON THE FILE OF
                   PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE,
                   DISMISSING THE PETITION FILED UNDER SEC.276 OF THE
                   INDIAN SUCCESSION ACT, 1925.


                          THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
                   THE COURT DELIVERED THE FOLLOWING:
                               -2-
                                                NC: 2024:KHC:350
                                         MFA No. 8397 of 2023




                          JUDGMENT

Learned counsel for the appellant seeks permission of this

Court to withdraw the Miscellaneous First Appeal and has also

filed a memo praying this Court to direct the Registry to refund

the Court fee.

2. In view of the submission and memo filed by the

learned counsel for the appellant, the appeal is dismissed as

withdrawn and the Registry is directed to refund the Court fee

paid by the appellant in accordance with law.

Sd/-

JUDGE

ST