- 1 - HC-KAR NC: 2025:KHC-K:3874 MFA No. 202326 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 202326 OF 2024 (ISA) BETWEEN: 1. RENUKA @ SHASHIKALA KATTIMANI AGE. 43 YEARS, OCC. HOUSEHOLD WORK, R/O HALASANGI VILLAGE, TQ. CHADACHAN, DIST. VIJAYAPURA-586207. …APPELLANT (BY SRI. SANGANABASAVA B PATIL, ADVOCATE) AND: 1. SWAPNA W/O PARASHURAM WAGMORE, AGE. 34 YEARS, OCC. H.H WORK, R/O HALASANGI , TQ. INDI, DIST. VIJAYAPURA-586207 NOW AT SOUDHAGAR, PIMPLI, PUNE, DIST. PUNE-413102. 2. SHILPA W/O SADASHIV BIJAPUR, AGE. 30 YEARS, OCC. H.H WORK 3. SEEMA D/O HANAMANT KATTIMANI, AGE. 28 YEARS, OCC. H.H WORK, RESPONDENT NO. 2 AND 3 ARE R/O HALASANGI, TQ. INDI, DIST. VIJAYAPURA-586207. NOW AT NEAR JIMMA MASJID, JIMMA MASJID ROAD, STATION BAY PASS VIJAYAPURA-586101. …RESPONDENTS (BY SMT. HEMA L.KULAKARNI, ADVOCATE) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3874 MFA No. 202326 of 2024 THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 384 OF INDIAN SUCCESSION ACT, PRAYING TO CALL FOR THE RECORDS AND HEAR THE PARTIES AND ALLOW THE APPEAL AND SET ASIDE THE JUDGEMENT AND ORER DATED 16.04.2024 IN P AND SC NO. 6/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT INDI AND ISSUE THE SUCCESSION CERTIFICATE TO THE APPELLANT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAVI V HOSMANI) Learned counsel for respondents on previous occasion relied on judgment of this Court in MFA no.5117/2002, disposed of on 22.07.2003, contending that present appeal is not maintainable. 2. Learned counsel for appellant had taken time to secure instructions. Today, he submits that appeal/applications may be dismissed as withdrawn with liberty to file appropriate petition under Section 383 of Indian Succession Act. 3. Taking submissions on record and reserving liberty as sought for, appeal/applications are dismissed as not pressed. - 3 - HC-KAR NC: 2025:KHC-K:3874 MFA No. 202326 of 2024 4. In view of dismissal of appeal as withdrawn before stage of admission, registry is directed to re-fund Court fee to admissible extent. Sd/- (RAVI V HOSMANI) JUDGE NJ List No.: 1 Sl No.: 38