Smt L N Banuprabha vs Nil
2024 Latest Caselaw 759 Kant

Karnataka High Court

Smt L N Banuprabha vs Nil on 9 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                            NC: 2024:KHC:937
                                                       RFA No. 2253 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF JANUARY, 2024

                                          BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 2253 OF 2023 (RES)


                   BETWEEN:

                   1.   SMT L N BANUPRABHA
                        D/O SRI M NARAYANAPPA
                        W/O RAMAKRISHNA B
                        AGED ABOUT 47 YEARS
                        RESIDING AT 40/5, SHREEDARA KRUPA
                        PATANKAR LAYOUT,
                        MALLESHWARAM
                        BANGALORE 560003.

                   2.   SRI M N BHARADWAJA
                        S/O SRI M NARAYANAPPA
                        AGED ABOUT 45 YEARS
                        RESIDING AT SEESANDRA VILLAGE
                        HUTHOORHOBLI
Digitally signed        KOLAR TALUK AND DISTRICT.
by
DHANALAKSHMI
MURTHY             3.   SMT L N SHYLAJA
Location: High
Court of                D/O SRI M NARAYANAPPA
Karnataka               W/O B RAMAMURTHY B
                        AGED ABOUT 40 YEARS
                        RESIDING AT 301, 5TH B CROSS
                        ELEGANT PETALS, OMBR LAYOUT
                        BANASAWADI, BANGALORE.
                                                             ...APPELLANTS
                   (BY SRI. KUMARA.,ADVOCATE)
                             -2-
                                             NC: 2024:KHC:937
                                       RFA No. 2253 of 2023




AND:

NIL

                                             ...RESPONDENT


       THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE ORDER DATED 11.01.2023
PASSED IN P AND SC NO.89/2022 ON THE FILE OF III
ADDITIONAL     DISTRICT AND       SESSIONS   JUDGE,   KOLAR
(SITTING AT KGF)., DISMISSING THE PETITION FILED UNDER
SEC.276 OF INDIAN SUCCESSION ACT ., TO ISSUE PROBATE
CERTIFICATE.

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


                        JUDGMENT

1. The learned counsel for the appellants has filed a

memo dated 9.1.2024 stating that the appellants seeks

permission of this Court to withdraw the appeal with

liberty to approach the appropriate legal forum.

2. The memo is placed on record.

NC: 2024:KHC:937

3. Accordingly, the appeal is dismissed as withdrawn

with liberty to the appellants to approach the appropriate

legal forum.

4. Registry is directed to return the certified copies of

the judgment and other documents to the appellants after

retaining the Photostat copies of the same.

Sd/-

JUDGE

DM