Disposed¶71

Smt Agatha Mary v. Sri Babu

Karnataka HC2 Apr 2026RFA/1493/2020

Case brief

AI extract

What is this about?

Karnataka HC RFA No.1493/2020 (PAR), decided 02.04.2026 by Justice S.R. Krishna Kumar; appeal by Agatha Mary and Xavier Raj against order dated 30.10.2019 of VII Additional City Civil and Sessions Judge, Bengaluru allowing I.A.No.6 for rejection of plaint in O.S.No.3587/2014; filed under Order 41 Rule 1 r/w Section 96 CPC; withdrawn on counsel's memo seeking liberty to file fresh suit under Indian Succession Act, 1925 (Christian parties) and exclusion of limitation for pendency period; notice to R5-R15, R17-R20 dispensed with (order dt. 03.12.2025); disposed of as withdrawn.

What did the court decide?

Permission to withdraw the appeal: counsel's memo taken on record and appeal disposed of as withdrawn. ¶71

Smt Agatha Mary Vs Sri Babu — Succession and Inheritance | Karnataka HC (2026)

¶1

¶2

NC: 2026:KHC:18213 RFA No. 1493 of 2020

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

¶7

REGULAR FIRST APPEAL NO.1493 OF 2020 (PAR)

¶8

BETWEEN:

¶9

SMT AGATHA MARY W/O LATE DIVYANATHAN,

¶10

AGED ABOUT 58 YEARS,

¶11

SRI. XAVIER RAJ S/O LATE JOJAPPA, AGED ABOUT 57 YEARS,

¶12

BOTH R/O DASARAHALLI VILLAGE, K R PURAM HOBLI, BENGALURU EAST TQ, BENGALURU – 560 024.

¶13

…APPELLANTS

¶14

(BY SRI. T.M.VENKATA REDDY, ADVOCATE)

¶15

AND:

¶16

SRI BABU

¶17

Digitally signed by CHANDANA B M Location: High Court of Karnataka

¶18

AGE MAJOR,

¶19

MOLLY JOHN

¶20

AGE MAJOR,

¶21

SRI. SRINIVASA MURTHY S/O K M PANDURANGA GUPTA,

¶22

AGED ABOUT 58 YEARS,

¶23

SRI VASANTHAN RAMADAS AGE MAJOR,

¶24

R-1 TO R-4 ARE

¶25

R/AT DASARAHALLI VILLAGE, K R PURAM HOBLI, BENGALURU EAST TQ, BENGALURU – 560 016.

¶26

2 - NC: 2026:KHC:18213 RFA No. 1493 of 2020

¶27

HC-KAR

¶28

SMT. AROGYAMARY AGED ABOUT 71 YEARS, W/O LATE SANDYAGAPPA,

¶29

SMT. CHRISTNA MARY @ BABY MAJOR,

¶30

D/O LATE SANDYAGAPPA,

¶31

SMT. ANNAMMA @SABI, MAJOR,

¶32

D/O LATE SANDYAGAPPA,

¶33

SRI. RAKESH PAUL, MAJOR,

¶34

S/O LATE SANDYAGAPPA,

¶35

SMT. JYOTHI MAJOR, D/O LATE SANDYAGAPPA,

¶36

SRI. MOHAMMED ANWAR, MAJOR,

¶37

SMT. RAMAKKA MAJOR,

¶38

SRI. JAYARAO RELEAR, MAJOR,

¶39

RESPONDENTS NO.5 TO 12 ARE R/AT DASARAHALLI VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU – 560 016.

¶40

SRI. BALAGOPAL, MAJOR, R/AT SRI SAI LAYOUT, NEAR COFFEE BOARD LAYOUT, KAVERI EXTENSION, MARIYANNANAPALY, H.A. FARM POST, BENGALURU – 560 024.

¶41

SRI. K.J. MANOJ, AGED ABOUT 37 YEARS, S/O SRI. K. JOJINAYAKAM R/AT NO.21, 10^TH CROSS,

¶42

5^TH GUNDAPPA MAIN ROAD,

¶43

3 - NC: 2026:KHC:18213 RFA No. 1493 of 2020

¶44

HC-KAR

¶45

GUNDAPPA BLOCK, GANGANAGAR EXTENSION, R.T. NAGAR POST, BENGALURU – 560 024.

¶46

SMT. RATHNAMMA, MAJOR, W/O SRI. BHASKAR RAO, R/AT NO.34/1A, 6^TH CROSS, MAGADI ROAD, BENGALURU – 560 023.

¶47

SRI. CHANDRASHEKAR AGED ABOUT 51 YEARS, R/AT NO.1/18, 3^RD MAIN ROAD, GANGANAGAR LAYOUT, BENGALURU – 560 032.

¶48

SMT RADHA W/O N. KUMAR, AGED ABOUT 44 YEARS, R/AT NO.356/2, 5^TH CROSS, SAI BABA TEMPLE ROAD, KAVERI LAYOUT, H.A.FARM POST, BENGALURU – 560 024.

¶49

SRI. BANGAR SIDDARAJAPPA, S/O LATE B. SIDDAPPA, AGED ABOUT 65 YEARS R/AT SAGAR FARMS, SERIGUPPA ROAD, HAVARBHAVA OPP. PETROL BUNK, BELLARY.

¶50

SMT. HEMAVATHI W/O THAMMEGOWDA, MAJOR, R/ AT BENNUR, BELUR TALUK, HASSAN DISTRICT.

¶51

SMT. K. GAYATHRI, W/O V.M. RAJU, AGED ABOUT 40 YEARS, R/AT 21/5, 2^ND MAIN ROAD, K.H.N. BLOCK GANGANAGAR, R.T. NAGAR POST, BENGALURU – 560 032.

¶52

¶53

NC: 2026:KHC:18213 RFA No. 1493 of 2020

¶54

HC-KAR

¶55

SMT. RAJESHWARI W/O SRI. D.V. NARENDRA,

¶56

AGED ABOUT 50 YEARS, R/AT 42/1, 4^TH CROSS, MALLESWARAM, BENGALURU – 560 003.

¶57

…RESPONDENTS

¶58

(BY SMT. SADHANA S. DESAI, ADV. FOR R1 TO R4; SRI. P.M. NARAYANASWAMY, ADV. FOR R16; SRI. B.R. VISHWANATH, ADV. FOR R21; VIDE ORDER DATED 03.12.2025, NOTICE TO R5 TO 15 AND R17 TO R20 IS DISPENSED WITH)

¶59

THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC AGAINST THE ORDER DATED 30.10.2019 PASSED ON I.A.No.6 IN OS.No.3587/2014 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE IA No.6 FILED FOR REJECTION OF PLAINT.

¶60

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

¶61

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

¶62

ORAL JUDGMENT

¶63

Learned counsel for the appellants files a memo seeking permission to withdraw the appeal. The said memo is taken on record and the same reads as under:

¶64

“The undersigned counsel herewith files this memo for withdrawal seeking the leave of this Hon’ble Court to reserve liberty to these appellants:

¶65

1. The appellants seek to withdraw this appeal with liberty to file fresh original suit, as parties being Christians, under Indian Succession Act, 1925. As these appellants realised the said aspect of special law at this

¶66

¶67

NC: 2026:KHC:18213 RFA No. 1493 of 2020

¶68

HC-KAR

¶69

stage, only after the respondents raised this issue for the first time in this appeal.

¶70

2. The appellants also seek the leave of this Hon’ble Court, for filing of the fresh plaint, the period of limitation for the duration of the pendency and disposal of O.S. and appeal proceedings may be excluded.”

¶71

Accordingly, appeal is disposed of as withdrawn.

¶72

Sd/(S.R.KRISHNA KUMAR) JUDGE

¶73

SV List No.: 2 Sl No.: 1

Smt Agatha Mary v. Sri Babu

Case brief

What is this about?

What did the court decide?

Smt Agatha Mary v. Sri Babu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Praveen K P Vs the Karnataka Power Corporation Limited

Sri. Arun Kumar L.S Vs the Principal Secretory

Venkatesh H. Vs the State of Karnataka

Chethana S Shetty Vs the State of Karnataka

Nagesh D R Vs Shree Beeralingeshwara Education Society (R)

Sri Rajashekar Vs Karnataka Food and Civil Supplies Corporation Limited