- 1 - NC: 2025:KHC:5593 MFA No. 873 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 873 OF 2023 (ISA) BETWEEN: 1. KRISHNAPPA S/O LATE BYRAPPA, AGED ABOUT 68 YEARS, 2. SHRI MADHUSUDAN K S/O KRISHNAPPA, AGED ABOUT 33 YEARS, BOTH ARE R/AT ILLATHORE VILLAGE, SADAHALLI POST, DEVENAHALLI TALUK, BENGALURU - 562 110. …APPELLANTS (BY SRI. KALYAN R., ADVOCATE) AND: N. M. CHETHAN S/O N. V. MANJUNATH, AGED ABOUT 30 YEARS, R/AT NAGAMANGALA, HEGGNAHALLI POST, KUNDANA HOBLI, DEVENAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …RESPONDENT (BY SRI. H.J.ANANDA, ADVOCATE) THIS MFA IS FILED U/S 299 OF INDIAN SUCCESSION ACT AGAINST THE JUDGEMENT DATED:29.11.2022 PASSED IN P AND SC.NO.15004/2022 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL TO SIT AT DEVANAHALLI, ALLOWING THE PETITION FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT. Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:5593 MFA No. 873 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT This appeal is filed by appellants who were not parties before the District court, filed under Section 299 of Indian Succession Act, 1925, for setting aside the order passed by V Addl. District and Sessions Judge, Bengaluru Rural, sitting at Devanahalli, in P&SC No.15004/2022 for having granted probate certificate in favour of the respondent. 2. The appellants made out various reasons and contended that the respondent misrepresented and obtained the certificate by not making the appellant as parties before the District court. Though the respondent not objected regarding maintainability of the appeal, however in view of section 264 of Indian Succession Act, the parties are having remedy for granting and revoking the probate certificate within the jurisdiction of the District Judge under the said act. The section 263 of Indian Succession Act, reveals the grounds to be made out for setting aside the Probate Certificate. Such being the case, the same court has power to revoke the certificate issued - 3 - NC: 2025:KHC:5593 MFA No. 873 of 2023 and hence the appeal is not maintainable and is liable to be dismissed. 3. At this stage, learned counsel for the appellants is seeking permission to withdraw the appeal and file the same before the District Judge under Section 264 of Indian Succession Act. Hence, the submission is placed on record and learned counsel for the appellants is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn and learned counsel for the appellant is permitted to file the same before the District Judge under Section 264 of Indian Succession Act. The time spent before this court is exempted under Section 14 of the Limitation Act, 1963. By looking to the facts and circumstances of the case, the parties are directed to maintain the status quo of the property until any order passed by the district judge. Sd/- (K.NATARAJAN) JUDGE AKV List No.: 1 Sl No.: 25 CT:SK