- 1 - NC: 2025:KHC:4978 MFA No. 6450 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 6450 OF 2023 (ISA-) BETWEEN: SMT. CHANDRAMMA W/O LATE MANJUNATH, AGED ABOUT 48 YEARS, RESIDING AT MALLINATHAPURA VILLAGE, KASABA HOBLI, PIRIYAPATANA TALUK, MYSURU DISTRICT - 571 107. …APPELLANT (BY SRI. H. KANTHARAJ, SENIOR COUNSEL FOR SRI. H. K. KENCHEGOWDA, ADVOCATE) AND: SRI. KRISHNEGOWDA S/O LAKKEGOWDA, AGED ABOUT 54 YEARS, RESIDING AT MALLINATHAPURA VILLAGE, KASABA HOBLI, PIRIYAPATANA TALUK, MYSURU DISTRICT - 571 107. …RESPONDENT (BY SRI. SUNIL S. RAO, ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCATE) THIS MFA IS FILED UNDER SECTION 299 INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED 23.08.2023 PASSED IN P AND S.C.NO. 7/2023 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 272 OF INDIAN SUCCESSION ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:4978 MFA No. 6450 of 2023 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for the respondent raised objection regarding the maintainability of the appeal contending that the appellant directly approached this court under 299 of Indian Succession Act, without exhausting the remedy under Section 263 and 264 of Succession Act. Though the learned counsel argued at length but the learned counsel for the respondent produced the judgment of the Co-Ordinate Bench. At this stage learned counsel for the appellant seeking permission to withdraw the appeal with a liberty to approach the same court under Section 264 of the Indian Succession Act. Permission is granted to approach the same court. The time spent by the appellant in this court is exempted under Section 14 of the Limitation Act. All the contentions of the appellant are kept open. District judge can transfer of the case in OS.No.234/2022 and try along with this case, if the order is allowed in favour of the appellant by setting aside the probate certificate issued by the court in case. - 3 - NC: 2025:KHC:4978 MFA No. 6450 of 2023 The undertaking given by the respondent, not to create any charge to the third parties will be operated until any consideration of the application by the District Judge. Sd/- (K.NATARAJAN) JUDGE SRK List No.: 1 Sl No.: 17 CT:SK