- 1 - NC: 2025:KHC:2258-DB MFA No. 7900 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 7900 OF 2024 (ISA) BETWEEN: 1. MRS. ANKAMMA W/O LATE MUNIYAPPA, AGED ABOUT 80 YEARS, 2. MRS. ANJINAMMA, D/O LATE MUNIYAPPA, AGED ABOUT 62 YEARS 3. KEMPEGOWDA S/O LATE MUNIYAPPA, AGED ABOUT 55 YEARS 4. MR. MANJUNATH S/O LATE MUNIYAPPA, AGED ABOUT 46 YEARS NO.1 TO 4 R/O KITHIGANUR (V), VIRGONAGAR(P), BANGALORE - 560 036. …APPELLANTS (BY SRI. ARUN KUMAR S., ADVOCATE) AND: MRS. MUNIRATHNAMMA D/O LATE MUNIYAPPA, W/O KRISHNAPPA, AGED ABOUT 41 YEARS, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2258-DB MFA No. 7900 of 2024 R/O NELAVAGILU VILLAGE AND POST, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT. …RESPONDENT THIS MFA FILED UNDER SECTION 299 INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED 03.04.2024 PASSED IN P AND S.C.NO. 48/2023 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DSITRICT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed under Section 299 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act', for short) seeking the prayer to set aside the order dated 03.04.2024 passed in P & S.C. No.48/2023 by the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru (for short, 'the trial Court'). - 3 - NC: 2025:KHC:2258-DB MFA No. 7900 of 2024 2. Learned counsel for the appellants, at the outset, submits that the appellants have instructed him to withdraw the appeal with the liberty to file the petition under Section 263 of the Act seeking revocation or annulment of the impugned order before the same Court. 3. Learned counsel for the appellants further submits that the respondent, who is the daughter of the appellant No.1 and sister of other appellants, is trying to alienate the property in question to the third party, which would lead to multiplicity of proceedings between the parties, hence, he seeks to provide interim protection by directing the respondent not to alienate the property covered under the Will till the disposal of the petition to be filed by the appellants under Section 263 of the Act. 4. We have heard the learned counsel for the appellants and perused the material available on record. 5. The appellants, at the outset, intend to withdraw this appeal with the liberty to file the petition under Section 263 of the Act before the same Court seeking for revocation/annulment of the order dated 03.04.2024 passed in P & SC No.48/2023. In view of the specific prayer of the appellants to withdraw the - 4 - NC: 2025:KHC:2258-DB MFA No. 7900 of 2024 appeal, we permit the appellants to withdraw the appeal with the liberty to file the petition under Section 263 of the Act seeking for revocation/annulment of the impugned order before the same trial Court. 6. Insofar as seeking for interim protection till filing of petition under Section 263 of the Act and consideration of the interim relief by the said Court is concerned, we are of the considered view that if the respondent alienate the property which is covered under the Will, it would lead to multiplicity of the proceedings between the parties, great hardship and prejudice would be caused to the appellants. We are conscious of the fact that the present appeal is filed with a delay of 147 days, however, we are not dealing with the delay aspect or the merit of the case in view of the specific prayer of the appellants to withdraw the appeal with the liberty to approach the same Court under Section 263 of the Act. If the interim relief sought by the appellants is not considered in the present appeal for a limited period, the appellants would be put to prejudice, hence by exercising our inherent power under Section 151 of CPC and to meet the ends of justice, we restrain the respondent from alienating the subject property under the Will for a period of six - 5 - NC: 2025:KHC:2258-DB MFA No. 7900 of 2024 weeks from today. If the petition under Section 263 is filed by the appellants before the trial Court, the trial Court shall consider the same on its merits and strictly in accordance with law without being influenced by any of the observations made by us supra. Hence, we proceed to pass the following: ORDER (i) The appeal is dismissed as withdrawn. (ii) The appellants are permitted to file the petition under Section 263 of the Indian Succession Act, 1925 before the trial Court seeking for revocation/annulment of the order dated 03.04.2024 passed in P & S.C. No.48/2023 within a period of four weeks from today. (iii) The respondent is restrained from alienating or creating third party rights in respect of the property covered under the Will dated 01.04.2007 in any manner for a period of six weeks. (iv) It is also open for the appellants to seek interim reliefs before the appropriate Court. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK/BSR/List No.: 1 Sl No.: 18