Dismissed

Sri.S.Yoga v. Ramakrishna Math

Karnataka HC4 Oct 2023MFA/3995/2022

Case brief

AI extract

What is this about?

MFA No. 3995 of 2022 (ISA): This miscellaneous first appeal was filed under Section 299 of the Indian Succession Act to set aside an order granting probate in favour of the respondent. The appellant's counsel was present on record but did not appear physically or through video conferencing to address office objections that had invited non-compliance for six times. Consequently, the High Court of Karnataka dismissed the appeal for non-prosecution.

What the court decided

AI extract

Sri.S.Yoga Vs Ramakrishna Math — Succession and Inheritance | Karnataka HC (2023)

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NC: 2023:KHC:35823-DB MFA No. 3995 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF OCTOBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3995 OF 2022 (ISA)

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BETWEEN:

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Digitally signed by D K BHASKAR Location: High Court of Karnataka

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SRI. S. YOGA S/O S NARASIMHAIAH AGED ABOUT 64 YEARS R/O SOORANAHALLI VILLAGE HOLENARASIPURA TALUK HASSAN DISTRICT PRESENTLY RESIDING AT: HOYSALANAGARA BEERANAHALLI KERE HASSAN.

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(BY SRI. VIJAYAKUMAR KO., - ADVOCATE) AND:

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…APPELLANT

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RAMAKRISHNA MATH A RELIGIOUS AND CULTURAL MATH ESTABLISHED BY SWAMI VIVEKANANDA HAVING ITS HEAD OFFICE AT: BELUR MATH, KOLKATA AND BRANCH MATH AT: BULL TEMPLE ROAD BASAVANAGUDI BENGALURU-560019 REP. BY ITS ADHYAKSHA/PRESIDENT.

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…RESPONDENT

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2 - NC: 2023:KHC:35823-DB MFA No. 3995 of 2022

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THIS MFA FILED UNDER SECTION 299 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO SET ASIDE THE ORDER DATED 09.04.2018 PASSED BY THE LEARNED LXII-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN P & S.C.No.269/2016 AND THE CONSEQUENTIAL ISSUANCE OF PROBATE DATED 25.06.2018 ISSUED IN FAVOUR OF THE RESPONDENT AND CONSEQUENTLY DISMISS THE SAID PETITION IN P & S.C.No.269/2016.

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THIS MFA, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR . J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel Sri Vijaya Kumar KO for the appellant is on record, but there is no representation either through video conferencing or present before the Court physically.

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This appeal is filed challenging the impugned order passed by the Court below in P & SC No.269/2016 dated 09.04.2018. The said petition was filed by the respondent herein under Section 276 of the Indian Succession Act for grant of probate.

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Even though the matter is slated for 6^th time for noncompliance of office objections, the counsel has not come

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NC: 2023:KHC:35823-DB MFA No. 3995 of 2022

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forwarded to cure the defects. Therefore, in a peculiar facts and circumstances of the case, this appeal is dismissed for nonprosecution.

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Sd/JUDGE

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Sd/JUDGE

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DKB

Sri.S.Yoga v. Ramakrishna Math

Case brief

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What the court decided

Sri.S.Yoga v. Ramakrishna Math

Case brief

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