Annamma J Vithayathil v. Dr. Joseph Vithayathil @ Jose Vithayathil
Case brief
What is this about?
Karnataka High Court, TOS No. 1 of 2025, decided 16-12-2025 by Justice H.P. Sandesh; Testamentory Original Suit converted from Probate Civil Petition No.21/2014 under S.263 Indian Succession Act 1925 r/w S.151 CPC 1908 challenging probate order dated 12.11.2013 in Prob.C.P.No.8/2013; case closed on memo of plaintiffs' counsel after plaintiff No.2 declined to pursue the matter citing deaths in the family; withdrawal/non-prosecution, closure without adjudication; parties: Annamma J. Vithayathil, Mary Vergheese Edattukaran v. Dr. Joseph Vithayathil @ Jose Vithayathil.
What did the court decide?
Suit closed on the memo filed by the plaintiffs' counsel, plaintiff No.2 having communicated that she does not wish to pursue the matter as no issue survives; no substantive relief adjudicated. ¶33