Appeal against dismissal of a succession petition was not pressed by the appellants, who filed a memo seeking its dismissal. The appeal was dismissed as not pressed, and the application for condonation of delay of eighty-four days was also dismissed.
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NC: 2024:KHC:20091-DB MFA No. 8517 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8517 OF 2023 (ISA)
BETWEEN:
BOTH ARE RESIDING AT: NO.2, THOTADAPPA NILAYA, VINAYAKANAGAR 12TH CROSS, KADABAGERE POST BENGALURU-561 230.
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA
ALSO RESIDING AT: KALLUR VILLAGE, KASABA HOBLI MAGADI TLAUK, RAMANAGARA DISTRICT - 562 120.
…APPELLANTS
(BY SRI T.N. ARAKESHWARA, ADVOCATE)
AND:
NC: 2024:KHC:20091-DB MFA No. 8517 of 2023
BOTH ARE RESIDENTS OF KALLUR VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 562 120.
…RESPONDENTS
(BY SRI CHANNE GOWDA K.G., ADVOCATE, FOR R-2, & R-1 SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 384 OF THE INDIAN SUCCESSION ACT PRAYING TO SET ASIDE THE ORDER OF DISMISSAL DATED 20-4-2023 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, IN P AND S.C. NO.28 OF 2021 AND ALLOW THE SAID P AND S.C. PETITION AS PRAYED FOR BY THE APPELLANTS IN THE SAID PETITION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FURTHER ORDERS, THIS DAY , K. SOMASHEKAR, J., DELIVERED THE FOLLOWING:
O R D E R
Sri T.N. Arakeswara, learned counsel for the appellants,
and Sri Channe Gowda K.G., learned counsel for the respondents, are present physically before the Court.
order passed by the III Additional District and Sessions Judge, Ramanagara, in P and S.C. No.28 of 2021 dated 20-4-2023, wherein the petition filed under Sections 372, 276 and 278 of the Indian Succession Act, 1925, was dismissed.
to press the appeal and prays to dismiss the appeal as not pressed.
Accordingly ordered.
Sd/JUDGE
Sd/JUDGE
KVK
List No.: 1 Sl No.: 27
2 provisions across 2 enactments
Sri K.T. Lakshminarasimhaiah
Smt. Lakshmidevi
Sri Narayana
Smt. Jayamma
K. Somashekar
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
