- 1 - NC: 2025:KHC-K:1636-DB MFA No. 202520 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO.202520 OF 2024 (ISA) BETWEEN: 1. VIJAYALAXMI W/O LATE LINGOJIRAO KULKARNI, AGE: 65 YEARS, OCC: AGRICULTURE, 2. DIWAKAR S/O LATE LINGOJIRAO KULKARNI, AGE: 54 YEARS, OCC: AGRICULTURE, 3. RAMESH S/O LATE LINGOJIRAO KULKARNI, AGE: 50 YEARS, OCC: AGRICULTURE, 4. SURESH S/O LATE LINGOJIRAO KULKARNI, AGE: 48 YEARS, OCC: AGRICULTURE, 5. RAGHAVENDRA S/O LATE LINGOJIRAO KULKARNI, AGE: 44 YEARS, OCC: AGRICULTURE, ALL R/O VILLAGE GEDDALAMARI, TQ. HUNSAGI DIST. YADGIRI-585215. …APPELLANTS (BY SRI ANANTH S. JAHAGIRDAR, ADVOCATE) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1636-DB MFA No. 202520 of 2024 AND: SMT. G. SAVITRI D/O LATE G. PANDURANGACHAR, W/O SURESH AGED 64 YEARS, OCC: AGRI AND HOUSEHOLD, R/O GEDDALAMARI VILLAGE, TQ. SURPUR NOW RESIDING AT H.NO.272, WARD NO.32, NEAR FORT, DATTATRAYA TEMPLE, HOSPET, DIST. BELLARY. …RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ARTICLE XLI RULE 3 OF CPC READ WITH SEC. 299 OF INDIAN SUCCESSION ACT, PRAYING TO SET ASIDE THE ORDER DATED 08.02.2024 BY THE DISTRICT JUDGE AT YADGIR IN P AND S.C. NO.1/2018, AND DISMISS THE PETITION WITH COSTS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K NATARAJAN) This appeal is filed under Order XLI Rule 3 CPC read with Section 299 of the Indian Succession Act, 1925 [for short, ‘the Act’] by the respondents before the District Judge, Yadgir, by challenging the order dated 08.02.2024 - 3 - NC: 2025:KHC-K:1636-DB MFA No. 202520 of 2024 passed in P & S.C.No.1/2018 by issuing probate and succession certificate by the District Judge acting under Section 276 of the Act. 2. Though the office has not raised objection, but on perusal of the provisions of Section 264 of the Act, it is noticed that the District Judge has power to grant the certificate and also to revoke the probate certificate, etc. The grounds for revoking is available under Section 263 of the Act. Therefore, the appellants are required to approach the same District Judge for revocation of the order of issuing the probate and succession certificate. Therefore, the appellants have remedy before the same District Judge. 3. At this stage, learned counsel for the appellants seeks permission to withdraw the appeal with liberty to file the same before the District Judge under Section 264 of the Act. - 4 - NC: 2025:KHC-K:1636-DB MFA No. 202520 of 2024 4. Accordingly, the appeal is dismissed as withdrawn with liberty to the appellants to approach the same court for revocation. The time spent before this Court is given exemption under Section 14 of the Limitation Act. Office to return the certified copies of the documents to the learned counsel by keeping copies. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK List No.: 1 Sl No.: 12 CT:SI