- 1 - NC: 2025:KHC:5592 MFA No. 3065 of 2024 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. 3065 OF 2024 (ISA) BETWEEN: SRI. K.S.PRASANNA KUMAR S/O LATE R. KRISHNAIAH, AGED ABOUT 46 YEARS, R/AT NO.1807, RAMA TEMPLE ROAD, GOVINDAPURA, ARABIC COLLEGE POST, BENGALURU - 560 045. …APPELLANT (BY SRI. NANDISH GOWDA G B., ADVOCATE) AND: 1. SRI. ARMUGAM.A S/O LATE ARUNACHALAM, AGED ABOUT 56 YEARS, 2. SRI. SHANKAR.A S/O LATE ARUNACHALAM, AGED ABOUT 50 YEARS, BOTH ARE R/AT NO.174, 5TH CROSS, BYRATHI BANDE VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, DR. S.R.K.NAGARA POST, BENGALURU - 560 077. …RESPONDENTS (BY SRI. N.S.BHAT, ADVOCATE FOR R1 & R2) THIS MFA IS FILED U/S.299 OF THE INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED:30.08.2022 PASSED IN P AND SC NO.38/2021 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:5592 MFA No. 3065 of 2024 RURAL DISTRICT, BENGALURU, ALLOWING THE PETITION FILED U/S.276 OF INDIAN SUCCESSION ACT, 1925. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for the respondents is absent. 2. Though this matter has been heard by this court in part, but on perusal of the records, the appellant herein is the third party to the proceedings before the District Court and this appeal is filed under Section 299 of Indian Succession Act, 1925, by the appellant for setting aside the order passed by the V Addl. District and Sessions Judge, Bengaluru in P&SC No.38/2021 dated 30.08.2022. 3. On perusal of the impugned order passed by the District Court under Section 276 of Indian Succession Act. As per section 264 of Indian Succession Act, the District Court has power to grant probate certificate or letter of administration and also power of revoking the same. Therefore, the appellant is required to file the application before the same court under Section 264 of Indian Succession Act, on the ground mentioned - 3 - NC: 2025:KHC:5592 MFA No. 3065 of 2024 in 263 of Indian Succession Act, for setting aside the same. Such being the case, the appeal itself is not maintainable and hence is liable to be dismissed. 4. However at this stage, learned counsel for the appellant is seeking permission to withdraw the appeal and to file the same before the District Judge. The said submission is placed on record. Accordingly, this appeal is hereby dismissed as withdrawn, with liberty to file the application for petition before the same 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. The interim order granted by this court maintaining the status quo of the property shall be continued till the District Judge passes any order on the application filed by the appellant. Also, all the contentions are kept open, Sd/- (K.NATARAJAN) JUDGE AKV List No.: 1 Sl No.: 29 CT:SK