- 1 - NC: 2025:KHC:9378 MFA No. 4634 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.4634 OF 2021 (ISA) BETWEEN: SRI NANDARAMU S/O LATE CHIKKAVEERAIAH AGED ABOUT 50 YEARS RESIDING AT SARASWATHIPURAM WARD NO.12, HUNSUR TOWN MYSURU DISTRICT KARNATAKA …APPELLANT (BY SRI LAKSHMIKANTH K, ADVOCATE) AND: SMT. JAYAMMA W/O LATE M M SHETTY GOWDA AGED ABOUT 58 YEARS RESIDING AT MOOKANAHALLI VILLAGE KASABA HOBLI, HUNSUR TALUK MYSURU DISTRICT KARNATAKA …RESPONDENT THIS MFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC., AGAINST THE ORDER DATED 11.07.2017 PASSED IN P AND SC NO.13/2016 ON THE FILE OF THE VIII ADDL.DISTRICT AND SESSIONS JUDGE, MYSURU ALLOWING THE PETITION FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT. BY THE PETITIONER PRAYING FOR ISSUANCE OF PROBATE CERTIFICATE IN RESPECT OF SCHEDULE PROPERTIES. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9378 MFA No. 4634 of 2021 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant filed a memo for withdrawal, seeking to withdraw the appeal with a liberty to file petition for revocation of probate under Section 263 of Indian Succession Act. 2. Memo is placed on record. 3. The appeal is dismissed as withdrawn with a liberty to file petition under Section 263 of Indian Succession Act. 4. The time spent during the proceedings is waived of as per Article 14 of the Limitation Act. SD/- (HANCHATE SANJEEVKUMAR) JUDGE MR