- 1 - HC-KAR NC: 2025:KHC:53422 TOS No. 1 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH TESTAMENTORY ORIGINAL SUIT NO.1 OF 2025 BETWEEN: 1. ANNAMMA J. VITHAYATHIL, WIFE OF LATE JOSEPH VITHAYATHIL, AGED ABOUT 85 YEARS, RESIDING AT NO.57, HICKORY BEND DRIVE CABOT, ARKANSAS, USA. SINCE DECEASED AND REPRESENTED BY LEGAL REPRESENTATIVE BEING PETITIONER NO.2 AND RESPONDENT. (AMENDED VIDE COURT ORDER DATED 28.02.2023) 2. MARY VERGHESE EDATTUKARAN, DAUGHTER OF LATE JOSEPH VITHAYATHIL, AGED ABOUT 60 YEARS, RESIDING AT NO.57, HICKORY BEND DRIVE, CABOT, ARKANSAS, USA. …PLAINTIFFS (BY SMT. SANJANA RAO, ADVOCATE) AND: 1. DR. JOSEPH VITHAYATHIL @ JOSE VITHAYATHIL, SON OF LATE JOSEPH VITHAYATHIL, AGED ABOUT 62 YEARS, R/AT NO.30, CHURCH STREET, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53422 TOS No. 1 of 2025 BENGALURU-560 001, INDIA. PRESENT ADDRESS: ASSISTANT PROFESSOR, DEPT. MGMT, INFO SYS & ENTREP (MISE), TODD HALL 442, PO BOX 644743, PULLMAN, WA 991644743, AND REPRESENTED BY HIS POWER OF ATTORNEY HOLDER DR. PROFESSOR ANTONY JOSEPH VITHAYATHIL. …DEFENDANT (VIDE ORDER DATED 15.07.2024, NOTICE TO RESPONDENT IS HELD SUFFICIENT) PROBATE CIVIL PETITION No.21/2014 WAS FILED UNDER SECTION 263 OF THE INDIAN SUCCESSION ACT, 1925 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO REVOKE AND ANNUL THE PROBATE AND SET ASIDE THE ORDER DATED 12.11.2013 AS PASSED BY THIS HON'BLE COURT IN PROB.C.P.NO.8/2013 PRODUCED HEREWITH AS ANNEXURE-A AND ETC. THIS COURT VIDE ORDER DATED 31.10.2025 ALLOWED THE PROBATE CIVIL PETITION AND DIRECTED THE REGISTRY TO CONVERT PROBATE CIVIL PETITION AS TOS. THIS TOS IS POSTED BEFORE THE COURT FOR NON-COMPLIANCE OF OFFICE OBJECTION. TOS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53422 TOS No. 1 of 2025 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the plaintiffs has filed a memo stating that a letter was sent to plaintiff No.2 that she is going to retire from the case and the same is replied by plaintiff No.2 by way of e-mail stating that her mother had passed away 5 years back and Anthony passed away before. So the issue no longer exists. She does not wish to pursue this case as it is no longer relevant. Hence, the learned counsel for the plaintiffs files a memo to close the case in view of the reply. 2. The memo is taken on record and in view of the letter and reply, the case is closed, as the plaintiff is not willing to pursue the matter and no issue exists. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 22