- 1 - NC: 2025:KHC:6188 MFA No. 6427 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 6427 OF 2024 (ISA) BETWEEN: 1. SRI RAMAPPA S/O LATE VENKATAGIRIYAPPA AGED ABOUT 55 YEARS. 2. BHARATHI D/O LATE VENKATAGIRIYAPPA AGED ABOUT 50 YEARS. 3. ANITHA VENKATESH D/O LATE VENKATAGIRIYAPPA AGED ABOUT 46 YEARS. 4. GEETHA M.V D/O LATE VENKATAGIRIYAPPA AGED ABOUT 42 YEARS. ALL ARE RESIDING AT MEDAHATTI VILLAGE, KASABA HOBLI MALUR TALUK, KOLAR DISTRICT. …APPELLANTS (BY SRI ANANDA V, ADV.) AND: SRI NARAYANAPPA S/O LATE KRISHNAPPA AGED ABOUT 58 YEARS R/AT MEDAHATTI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT. …RESPONDENT (BY SRI UMESH B.N, ADV.) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6188 MFA No. 6427 of 2024 THIS MFA IS FILED UNDER SECTION 384 INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED 07.08.2024 PASSED IN P AND S.C.NO. 66/2024 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR, ALLOWING THE PETITION FILED UNDER SECTION 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 1. Learned counsel for the respondent has raised objection regarding maintainability of the appeal as the District Judge, who has issued the Probate and Succession Certificate, has the power to revoke the same under Section 264 of Indian Succession Act, 1925. 2. At this stage, learned counsel for the appellant seeks permission of this Court to withdraw the appeal with liberty to the appellant to file a petition seeking revocation of Probate and Succession Certificate under Section 264 of Indian Succession Act, 1925. 3. The submission of learned counsel for the appellant is placed on record. 4. Accordingly, the appeal is dismissed as withdrawn with liberty to the appellant to file a petition before the same Court which - 3 - NC: 2025:KHC:6188 MFA No. 6427 of 2024 has issued Probate and Succession Certificate seeking revocation of the Certificate under Section 264 of Indian Succession Act, 1925. 5. It is needless to observe that the time spent by the appellant in this appeal is exempted under Section 14 of Limitation Act, 1963. 6. If the District Judge revokes the Certificate by considering the objections, the same shall be treated as suit and be disposed of in accordance with law. 7. In view of the dismissal of the main appeal, pending interlocutory application if any, does not survive for consideration. Hence, disposed of. Sd/- (K.NATARAJAN) JUDGE DN