- 1 - NC: 2025:KHC:5639 WP No. 2510 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2510 OF 2025 (GM-RES) BETWEEN: MRS. LEELA VAIDYANATHAN, AGED ABOUT 85 YEARS, W/O LATE N. RAMANARAYANAN, RESIDING AT NO.22E, ASSET GARDENIA AND ENCLAVE RAMAGONDANAHALLI, VARTHUR ROAD, WHITEFIELD, BENGALURU - 560 006. …PETITIONER (BY SRI. SIDDHARTH SUMAN., ADVOCATE) AND: NIL …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER DATED 13.12.2024 PASSED BY THE HONBLE LXXIII ADDITIONAL CITY CIVIL COURT AND SESSIONS JUDGE MAYO HALL, BENGALURU IN P AND SC NO.25010/2020 ON IA FILED BY PETITIONER UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE FOR TO DIRECT THE OFFICE TO ISSUE THE LETTERS OF ADMINISTRATION IN THE NAME OF PETITIONER (I.E.ANNEXURE-A) AND TO CONSEQUENTLY ALLOW I.A FILED BY THE PETITIONER IN THE HONBLE TRIAL COURT IN P AND SC NO.25010/2020 AND ETC., Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5639 WP No. 2510 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner along with her sister Miss.V.Saroja, filed petition under Section 372 of the Indian Succession Act, 1925 (In short 'the Act') in P&SC No.25010/2020 seeking grant of Succession Certificate in favour of petitioner No.2 - Miss.V.Saroja, in respect of 460 shares which were earlier owned by another sister namely Late.V.Annapurna. 2. The petitioner herein being petitioner No.1 entered the witness box and stated clearly that she is quite well off and she does not require the shares and therefore requested the Court to grant Succession Certificate in favour of petitioner No.2. Accordingly, orders were passed on 18.08.2021 to issue letters of Administration to petitioner No.2. Thereafter, petitioner No.2 fell ill and therefore a memo was filed by petitioner - 3 - NC: 2025:KHC:5639 WP No. 2510 of 2025 No.1 that for the reason that petitioner No.2 in whose favour the letters of Administration were directed is unable to come and collect the letters of Administration, the same could be collected by petitioner No.1 on behalf of petitioner No.2. By order dated 10.01.2022, the memo was allowed and petitioner No.1 was permitted to receive the letters of Administration as per the order passed on main petition, on behalf of petitioner No.2. Thereafter, petitioner No.2 also died on 19.04.2023. 3. The petitioner herein filed an application under Section 151 of CPC seeking a direction to the office to issue letters of Administration in the name of petitioner No.1. Thereafter, the petitioner filed W.P.No.30432/2024 seeking appropriate direction to the learned LXXIII Additional City Civil and Sessions Judge to issue the letters of Administration in terms of the application filed by the petitioner. This Court by order dated 13.11.2024 directed the learned Judge to dispose off the application within a period of four weeks from the next date of hearing. - 4 - NC: 2025:KHC:5639 WP No. 2510 of 2025 Consequently, the impugned order has been passed dismissing the application. 4. Learned Counsel for the petitioner submits that the reasons for dismissing the application is that the application does not say anything in respect of the legal heirs left behind by Miss.V.Saroja. In the application, the petitioner has not disclosed anything about the legal representatives and therefore in the absence of the details, the application cannot be allowed. 5. Learned Counsel for the petitioner submits that in the petition filed under Section 372 of the Act, although no such complete details were given, however in the affidavit filed along with the application under Section 151 of CPC, in paragraph No.5 it is clearly stated that Miss.V.Saroja was unmarried, she passed away on 19.04.2023 leaving behind the petitioner as her sole surviving legal heir. Learned counsel submits that despite this information the impugned order has been passed rejecting the application. - 5 - NC: 2025:KHC:5639 WP No. 2510 of 2025 6. Having regard to the facts narrated herein above, it is clear that the petitioner along with Miss.V.Saroja had filed the petition under Section 372 of the Act seeking Succession Certificate in respect of the schedule property namely 460 shares left behind by Late.V.Annapurna. The letters of Administration were granted in favour of Miss.V.Saroja, since the petitioner clearly stated that the letters of Administration can been issued in favour of petitioner No.2. The requisite details in respect of Miss.V.Saroja has been furnished in paragraph No.5 of the affidavit accompanying the application, which may be sufficient for considering the application. 7. In that view of the matter the impugned order requires to be set aside. 8. The writ petition is accordingly allowed by setting aside the impugned order dated 13.12.2024. The matter stands remanded back to the learned LXXIII Additional City Civil and Sessions Judge to reconsidering the application filed under Section 151 of CPC on - 6 - NC: 2025:KHC:5639 WP No. 2510 of 2025 16.11.2023. This order shall not come in the way of the learned Judge calling for any additional information if required at the hands of the petitioner. 9. The application shall be reconsidered and orders shall be passed as expeditiously as possible and at any rate within a period of six weeks from the date when the matter is taken up again. Sd/- (R DEVDAS) JUDGE KVR List No.: 1 Sl No.: 18