Renuka @ Shashikala Kattimani vs Swapna And Ors
2025 Latest Caselaw 1032 Kant

Karnataka High Court

Renuka @ Shashikala Kattimani vs Swapna And Ors on 14 July, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                              -1-
                                                           NC: 2025:KHC-K:3874
                                                       MFA No. 202326 of 2024


                   HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                             DATED THIS THE 14TH DAY OF JULY, 2025

                                            BEFORE
                            THE HON'BLE MR. JUSTICE RAVI V HOSMANI
                        MISCL. FIRST APPEAL NO. 202326 OF 2024 (ISA)
                   BETWEEN:

                   1.   RENUKA @ SHASHIKALA KATTIMANI
                        AGE. 43 YEARS, OCC. HOUSEHOLD WORK,
                        R/O HALASANGI VILLAGE, TQ. CHADACHAN,
                        DIST. VIJAYAPURA-586207.

                                                                  ...APPELLANT
                   (BY SRI. SANGANABASAVA B PATIL, ADVOCATE)

                   AND:

                   1.   SWAPNA W/O PARASHURAM WAGMORE,
                        AGE. 34 YEARS, OCC. H.H WORK,
                        R/O HALASANGI , TQ. INDI,
                        DIST. VIJAYAPURA-586207
Digitally signed        NOW AT SOUDHAGAR, PIMPLI,
by RAMESH
MATHAPATI               PUNE, DIST. PUNE-413102.
Location: HIGH
COURT OF           2.   SHILPA W/O SADASHIV BIJAPUR,
KARNATAKA
                        AGE. 30 YEARS, OCC. H.H WORK

                   3.   SEEMA D/O HANAMANT KATTIMANI,
                        AGE. 28 YEARS, OCC. H.H WORK,
                        RESPONDENT NO. 2 AND 3 ARE R/O HALASANGI,
                        TQ. INDI, DIST. VIJAYAPURA-586207.
                        NOW AT NEAR JIMMA MASJID, JIMMA MASJID ROAD,
                        STATION BAY PASS VIJAYAPURA-586101.

                                                              ...RESPONDENTS
                   (BY SMT. HEMA L.KULAKARNI, ADVOCATE)
                                 -2-
                                                NC: 2025:KHC-K:3874
                                          MFA No. 202326 of 2024


HC-KAR




     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 384
OF INDIAN SUCCESSION ACT, PRAYING TO CALL FOR THE
RECORDS AND HEAR THE PARTIES AND ALLOW THE APPEAL
AND SET ASIDE THE JUDGEMENT AND ORER DATED
16.04.2024 IN P AND SC NO. 6/2024 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC AT INDI AND ISSUE THE
SUCCESSION CERTIFICATE TO THE APPELLANT.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:      HON'BLE MR. JUSTICE RAVI V HOSMANI


                        ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE RAVI V HOSMANI)

Learned counsel for respondents on previous occasion

relied on judgment of this Court in MFA no.5117/2002,

disposed of on 22.07.2003, contending that present appeal is

not maintainable.

2. Learned counsel for appellant had taken time to

secure instructions. Today, he submits that appeal/applications

may be dismissed as withdrawn with liberty to file appropriate

petition under Section 383 of Indian Succession Act.

3. Taking submissions on record and reserving liberty

as sought for, appeal/applications are dismissed as not

pressed.

NC: 2025:KHC-K:3874

HC-KAR

4. In view of dismissal of appeal as withdrawn before

stage of admission, registry is directed to re-fund Court fee to

admissible extent.

Sd/-

(RAVI V HOSMANI) JUDGE

NJ