Karnataka High Court
Mr. Eugene Winifred vs Dr G Jasavaroyan on 3 July, 2024
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NC: 2024:KHC:24902-DB
MFA No.2928/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.2928/2018 (ISA)
BETWEEN:
MR. EUGENE WINIFRED
SON OF SRI. AROCKIASWAMY GEORGE
(DECEASED)
AGED ABOUT 31 YEARS
RESIDING AT NO 11, (NEW NO.9)
4TH MAIN, S K GARDEN
BENSON TOWN POST
BANGALORE - 560046.
...APPELLANT
(BY SRI. S.V. BHAT, ADV.,)
AND:
Digitally
signed by A K 1. DR. G. JASAVAROYAN
CHANDRIKA SON OF LATE AROCKIASWAMY GEORGE
Location: AGED ABOUT 54 YEARS
High Court of SHANTHI NILAYAM, NO.25/1
Karnataka
2ND CROSS, S K GARDEN
BENSON TOWN POST OFFICE
BANGALORE - 560046.
2. DR. G. GERARD
AGED 57 YEARS
SON OF LATE AROCKIASWAMY GEORGE
RESIDING AT NO.401
9TH MAIN, I BLOCK
HRBR LAYOUT, KALYANAGAR
BENGALURU-560043.
3. MRS. G. MARIA NIRMAL SOPHIA @ SUMMY
AGED 55 YEARS
D/O LATE AROCKIASWAMY GEORGE
& WIFE OF P. DOMINIC SAVIO
RESIDING AT NO.41/1, 4TH CROSS
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NC: 2024:KHC:24902-DB
MFA No.2928/2018
S K GARDEN, BENSON TOWN P.O.
BANGALORE - 560046.
4. MR. G. CLEMENT MARIA RAJ
SON OF LATE AROCKIASWAMY GEORGE
AGED 54 YEARS
FLAT NO.403, INDIRA RESIDENCY
NO 167, HENNUR CROSS
HENNUR MAIN ROAD
KALYAN NAGAR
BANGALORE - 560043.
5. SRI. G. AGNEL A. GEORGE
SON OF LATE AROCKIASWAMY GEORGE
AGED 52 YEARS
CHERRY INTERNATIONAL INC.
NO.805, 10620 ISO SREET
SURREY BCV3R 751, CANADA.
AND ALSO NO.25/1, 2ND CROSS
S K GARDEN , BENSON TOWN POST OFFICE
BANGALORE - 560046.
6. DR. G. LUMAN D'MARIA RAJ
AGED 51 YEARS
S/O LATE AROCKIASWAMY GEORGE
RESIDING AT NO.215, 6TH CROSS
VISHWESHWARAYYA ENCLAVE
JALAHALLI, BANGALORE - 560015
...RESPONDENTS
(BY SRI. REGO L.P.E. ADV., FOR R1, R3, R4 & R6
R2 & R5 ARE SERVED)
THIS MFA IS FILED U/S 299 OF THE INDIAN SUCCESSION ACT,
1925, AGAINST THE ORDER DATED 12/01/2017, PASSED IN P & SC.
NO.25037/2013, ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-22),
ALLOWING THE PETITION FILED U/SEC.219 AND 276 OF INDIAN
SUCCESSION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC:24902-DB
MFA No.2928/2018
JUDGMENT
Learned counsel for respondent Nos.1, 3, 4 and 6 relying
on the judgment of this Court in Sri.N.Girish Singh v.
Sri.Prem Katri1 submits that as the appellant has questioned
the impugned judgment of grant of probate on the ground that
the same was obtained by suppression of material facts and by
playing fraud. He claims that in such cases the remedy of the
appellant is to file a petition under Section 263 of the Indian
Succession Act, 1925. Therefore, the appeal is not maintainable.
2. Sri.S.V.Bhat, learned counsel for the appellant
submits memo for withdrawal of the appeal with liberty to file
the petition under Section 263 of the Indian Succession Act,
1925 in view of the aforesaid judgment in Girish Singh's case.
3. Therefore, reserving liberty to the appellant to file
the petition before the trial Court within four weeks from the
date of this order, the appeal is dismissed as withdrawn.
Pending IAs stood disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
2020 (2) Kar. L.R 700
