Dismissed

Sri Muniraju v. Sri Rajappa @ Munirajappa

Karnataka HC22 Sept 2023PROB.CP/18/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a probate civil petition withdrawn by the petitioner with liberty to file a Miscellaneous First Appeal, excluding the period spent in prosecuting the petition from calculating delay under the Limitation Act.

What did the court decide?

Petitioner allowed to withdraw the petition; petition dismissed as withdrawn with liberty to file Miscellaneous First Appeal excluding period spent.

Sri Muniraju Vs Sri Rajappa @ Munirajappa — Succession and Inheritance | Karnataka HC (2023)

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1 - NC: 2023:KHC:34365 PROB.CP No. 18 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR PROBATE CIVIL PETITION NO. 18 OF 2021

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BETWEEN:

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SRI. MUNIRAJU, S/O. GUNDALAPPA, AGED ABOUT 34 YEARS, RESIDING AT NO.215, I CROSS, DODDAMMA STREET, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 094.

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…PETITIONER

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(BY SRI. MANJUNAT H.R., ADVOCATE FOR

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SRI. R.D. PANCHAM, ADVOCATE)

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Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. RAJAPPA @ MUNIRAJAPPA, SINCE DECEASED BY HIS LRS.

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1(A) SMT. ANJINAMMA, W/O. LATE RAJAPPA, AGED ABOUT 59 YEARS,

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1(B) SMT. KOMALA, W/O. LATE RAJAPPA, AGED ABOUT 54 YEARS,

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1(C) LISHMA, D/O. LATE RAJAPPA, AGED ABOUT 32 YEARS,

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1(D) SRI. AINILI KUMAR, S/O. LATE RAJAPPA, AGED ABOUT 29 YEARS,

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2 - NC: 2023:KHC:34365 PROB.CP No. 18 of 2021

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1(E) SMT. DIVYA SHREE, D/O. LATE RAJAPPA, AGED ABOUT 27 YEARS,

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ALL ARE RESIDING AT NO.50, 2ND MAIN ROAD, A K COLONY, DODDNEKKUNDI HAL, BANGALORE - 560 037.

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…RESPONDENTS

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THIS PROBATE CIVIL PETITION UNDER PART IX (SECTIONS 270, 273 AND 276) OF THE INDIAN SUCCESSION ACT 1925 PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER PASSED BY THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN ALLOWING THE PETITION FILED BY THE RESPONDENTS IN P AND S C NO.139/2013 DATED:4.6.2021 BY CONFIRMING THE ORDER DATED 21.4.2012 PASSED IN P AND S C NO. 176/2011, PASSED BY THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE BY ALLOWING THIS PETITION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for petitioner files a memo dated 22.09.2023 seeking withdrawal of this petition with liberty to file Miscellaneous First Appeal.

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The submission and memo is taken on record.

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Learned counsel for petitioner is permitted to

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withdraw this petition.

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3 - NC: 2023:KHC:34365 PROB.CP No. 18 of 2021

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Accordingly, this petition is dismissed as withdrawn reserving liberty to file Miscellaneous First Appeal, if so advised, in accordance with law. In case Miscellaneous First Appeal is filed, the period spent in prosecuting this petition may be excluded while calculating the delay, if any under the provisions of the Limitation Act.

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Original documents and certified copy of the impugned order shall be returned to the petitioner upon proper

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verification.

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Sd/JUDGE

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CPN List No.: 1 Sl No.: 4 CT: THK

Sri Muniraju v. Sri Rajappa @ Munirajappa

Case brief

What is this about?

What did the court decide?

Sri Muniraju v. Sri Rajappa @ Munirajappa

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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