Dismissed¶32

Sri K S Prasanna Kumar v. Sri Armugam a

Karnataka HC6 Feb 2025MFA/3065/2024

Case brief

AI extract

What is this about?

Maintainability of appeal under Section 299 Indian Succession Act 1925 against order under Section 276 ISA; remedy by application under Sections 264 and 263 ISA before the same District Court; dismissal as withdrawn; Section 14 Limitation Act 1963 exemption of time; interim status quo continued; Karnataka High Court, Justice K. Natarajan, 06-02-2025; MFA No. 3065 of 2024 (ISA); P&SC No.38/2021; Bengaluru Rural District.

What did the court decide?

Dismissed as withdrawn with liberty to file an application before the same District Judge under Section 264 of the Indian Succession Act; time spent before this Court exempted under Section 14 of the Limitation Act, 1963; interim order maintaining status quo of the property continued till the District Judge passes any order on the appellant's application; all contentions kept open. ¶32

Sri K S Prasanna Kumar Vs Sri Armugam a — Succession and Inheritance | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a Miscellaneous First Appeal under Section 299 of the Indian Succession Act, 1925 filed by a third party against the District Court's order under Section 276 is maintainable, or whether the remedy is an application under Section 264 on the grounds mentioned in Section 263 before the same District Court.

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Court's answer

An appeal under Section 299 of the Indian Succession Act against an order passed under Section 276 is not maintainable; the appellant is instead required to file an application before the same District Court under Section 264 of the Indian Succession Act on the grounds mentioned in Section 263 for setting aside the order.

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Ratio / Principle

The appeal was dismissed as withdrawn with liberty to file the application before the same District Judge under Section 264 of the Indian Succession Act; time spent before this Court exempted under Section 14 of the Limitation Act, 1963; the interim status quo order continued till the District Judge passes orders; all contentions kept open.

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Detailed headnote1 paragraphs

MFA No. 3065 of 2024 (ISA) under S.299, Indian Succession Act, 1925, filed by a third party against the District Court's order dated 30.08.2022 in P&SC No.38/2021 allowing a petition under S.276 ISA. Held: such an appeal is not maintainable; the aggrieved person must apply to the same District Court under S.264 ISA on the grounds mentioned in S.263 ISA for setting aside the order. Appeal dismissed as withdrawn with liberty to so apply; time spent before the High Court exempted under S.14, Limitation Act, 1963; interim status quo of the property continued till the District Judge decides; contentions kept open.

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NC: 2025:KHC:5592 MFA No. 3065 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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MISCELLANEOUS FIRST APPEAL NO. 3065 OF 2024 (ISA)

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BETWEEN:

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SRI. K.S.PRASANNA KUMAR S/O LATE R. KRISHNAIAH, AGED ABOUT 46 YEARS, R/AT NO.1807, RAMA TEMPLE ROAD, GOVINDAPURA, ARABIC COLLEGE POST, BENGALURU - 560 045.

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…APPELLANT

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(BY SRI. NANDISH GOWDA G B., ADVOCATE)

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AND:

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SRI. ARMUGAM.A S/O LATE ARUNACHALAM, AGED ABOUT 56 YEARS,

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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SRI. SHANKAR.A S/O LATE ARUNACHALAM, AGED ABOUT 50 YEARS, BOTH ARE R/AT NO.174, 5^TH CROSS, BYRATHI BANDE VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, DR. S.R.K.NAGARA POST, BENGALURU - 560 077.

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…RESPONDENTS

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(BY SRI. N.S.BHAT, ADVOCATE FOR R1 & R2)

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THIS MFA IS FILED U/S.299 OF THE INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED:30.08.2022 PASSED IN P AND SC NO.38/2021 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU

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NC: 2025:KHC:5592 MFA No. 3065 of 2024

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RURAL DISTRICT, BENGALURU, ALLOWING THE PETITION FILED U/S.276 OF INDIAN SUCCESSION ACT, 1925.

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

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL JUDGMENT

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Learned counsel for the respondents is absent.

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Though this matter has been heard by this court in part, but on perusal of the records, the appellant herein is the third party to the proceedings before the District Court and this appeal is filed under Section 299 of Indian Succession Act, 1925, by the appellant for setting aside the order passed by the V Addl. District and Sessions Judge, Bengaluru in P&SC No.38/2021 dated 30.08.2022.

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On perusal of the impugned order passed by the District Court under Section 276 of Indian Succession Act. As per section 264 of Indian Succession Act, the District Court has power to grant probate certificate or letter of administration and also power of revoking the same. Therefore, the appellant

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is required to file the application before the same court under Section 264 of Indian Succession Act, on the ground mentioned

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3 - NC: 2025:KHC:5592 MFA No. 3065 of 2024

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in 263 of Indian Succession Act, for setting aside the same. Such being the case, the appeal itself is not maintainable and hence is liable to be dismissed.

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However at this stage, learned counsel for the appellant is seeking permission to withdraw the appeal and to file the same before the District Judge. The said submission is placed on record.

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Accordingly, this appeal is hereby dismissed as withdrawn, with liberty to file the application for petition before the same District Judge under Section 264 of Indian Succession Act.

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The time spent before this court is exempted under Section 14 of the Limitation Act, 1963.

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The interim order granted by this court maintaining the status quo of the property shall be continued till the District Judge passes any order on the application filed by the appellant. Also, all the contentions are kept open,

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Sd/(K.NATARAJAN) JUDGE

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AKV List No.: 1 Sl No.: 29 CT:SK

Sri K S Prasanna Kumar v. Sri Armugam a

Case brief

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Sri K S Prasanna Kumar v. Sri Armugam a

Case brief

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