- 1 - HC-KAR NC: 2025:KHC:40993 MFA No. 6407 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6407 OF 2024 (ISA) BETWEEN: THE PRINCIPAL ST. JOHN’S HIGH SCHOOL, NO 132, ST JOHNS CHURCH ROAD, CLEVELAND TOWN, BENGALURU – 560 005. …APPELLANT (BY SRI. NARASIMHA SWAMY N S.,ADVOCATE) AND: 1. SRI. SYED NIZAMUDDIN S/O LATE SYED YOUSUFF ADVOCATE, AGED ABOUT 75 YEARS RA/T NO 89, B.S.A. ROAD, FRAZER TOWN, BENGALURU - 05 2. SMT. ZAHIDA ABBAS W/O LATE SYED ABBAS AGED ABOUT 83 YEARS 3. MISS SHEERIN YOUSUFF AGED ABOUT 73 YEARS 4. MISS RABIYA YOUSUFF AGED ABOUT 65 YEARS D/O LATE SYED YOUSUFF R/AT NO 5 Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40993 MFA No. 6407 of 2024 E NO 4TH STREET NALA ROAD CROSS, SHIVAJINAGAR, BENGALURU – 560 051 5. SMT. SURIYA YOUSUFF W/O MR. SYED FAROOQ AGED ABOUT 70 YEARS R/AT NO 32, BELLAHALLI VILLAGE, YELAHANKA, BENGALURU - 64 6. THE REGIONAL PF COMMISSIONER EPF ORGANIZATION NO 13, BHAVISHYANIDHI BHAVAN RARA RAM MOHAN ROY ROAD, BENGALURU – 560 025 7. THE BRANCH MANAGER UNION BANK OF INDIA ST. JOHN’S SCHOOL PREMISES ST. JOHN’S CHURCH ROAD NEAR BHARTHI NAGAR POLICE STATION, FRAZER TOWN, BENGALURU – 560 005 …RESPONDENTS (BY SRI. SYED KHAMRUDDIN ADVOCATE FOR R1; R2 TO R7 NOTICE DISPENSED WITH V/O DATED 15.10.2025) THIS MFA FILED U/S.388 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DT. 04.07.2024 PASSED IN P AND SC.NO.25074/2021 ON THE FILE OF THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, CITY CIVIL COURT, BENGALURU, CCH-75 ALLOWING THE PETITION FILED UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40993 MFA No. 6407 of 2024 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The respondent No.5 in P & SC No.25074/2021 has preferred this appeal questioning the order dated 04.07.2024 passed by the 74th Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-75) in P & SC No.25074/2021 so far as Item Nos.1, 2 and 3 of suit schedule property. The respondent No.1 has filed petition seeking succession certificate invoking Section 372 of the Indian Succession Act in respect of movable assets i.e., petition schedule ‘A’ property on account of death of her sister - Khutaija Yousuf. The District Court has allowed the petition and granted succession certificate for the respondent No.1. Following are the movable assets as set out in Schedule ‘A’ property in the petition. SCHEDULE ‘A’ PROPERTY Sl. No. Debt/Security in respect of which Succession Certificate is required Account Number/Policy Number Approximate amount 1 Provident Fund EPF Account No. BGBNG/8083/98 Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) together with the accrued interest thereon 2 Employees’ Deposit EPF Account No. Rs. 7,02,000/- (Rupees Seven - 4 - HC-KAR NC: 2025:KHC:40993 MFA No. 6407 of 2024 Linked Insurance Scheme BGBNG/8083/98 Lakh Two Thousand Only) together with the accrued interest thereon 3 Gratuity payable by St. Johns High School — Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) together with the accrued interest thereon 4 Union Bank of India, St. Johns Church Road, Branch, Bengaluru A/c No. 4577020110050 21 (S B General) Rs. 3,61,343/- (Rupees Three Lakh Sixty One Thousand Three Hundred and Forty Three Only) together with the accrued interest thereon 5 Bank Account, Union Bank of India, St. Johns Church Road, Branch, Bengaluru Fixed Deposit in Account bearing No. 5892030300025 41 Rs. 2,82,000/- (Rupees Two Lakh Eighty Two Thousand Only) together with the accrued interest thereon 6 Bank Account, State Bank of India, Lady Curzon Road Branch, Bengaluru No. 54040858867 Rs. 55,000/- (Rupees Fifty Five Thousand Only) together with the accrued interest thereon 7 Life Insurance Policy (a) Policy No. 613254654, LIC of India (b) Policy No. 361459025, LIC of India (c) Policy No. 361348976, LIC of India For an assured sum of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only) together with the accrued interest thereon For an assured sum of Rs. 1,00,000/- (Rupees One Lakh Only) together with the accrued interest thereon For an assured sum of Rs. 30,000/- (Rupees Thirty Thousand Only) together with the accrued interest thereon 8 Post Office Account, General Post Office, Bengaluru A/c No. 0163141734 Rs. 3,00,000/- (Rupees Three Lakh Only) together with the accrued interest thereon 2. Insofar as item Nos.4, 5, 6 and 7 of schedule ‘A’ property are concerned that are pertaining to deposits made in the Union Bank of India, Life Insurance Policy and - 5 - HC-KAR NC: 2025:KHC:40993 MFA No. 6407 of 2024 Post Office Accounts are nothing to do with appellant herein. Therefore, insofar as grant of succession certificate for item Nos.4, 5, 6 and 7 is not disturbed. 3. Insofar as item Nos.1 and 2 of schedule ‘A’ properties are concerned, these are the benefits of Provident Fund and Employees’ Deposit Linked Insurance Scheme who are respondent No.6 before the trial Court. 4. For this learned counsel appearing for the appellant submitted that whatever formalities to be complied with by the appellant that would be complied by the appellant. Therefore, the grant of succession certificate insofar as item Nos.1 and 2 are concerned is confirmed subject to observation that the appellant is ready to comply with the formalities for getting benefits by respondent No.1. 5. Insofar as item No.3 in schedule ‘A’ property is concerned which is gratuity payable by the appellant herein, the nominee is made by the deceased during her - 6 - HC-KAR NC: 2025:KHC:40993 MFA No. 6407 of 2024 life time in the service records. Therefore, it is the submission that the said gratuity amount was already paid to the nominee of the deceased entered in the service records and for this, the appellant is nothing to do with the compliance and learned counsel for the respondents endorsed the said view and respondent No.1 will not have any claim against the appellant insofar as this disbursement of gratuity amount to the nominee of the deceased made in the service records. 6. The District Court in its order at paragraph No.16 in page No.12 (in Page 12 at paragraph No.16) has observed that even though respondent Nos.5 and 6 paid the gratuity amount still then whatever the gratuity amount remaining is to be paid by respondent No.5 to respondent No.1 is set aside for the reason that the appellant (respondent No.5 in the petition) has already disbursed the entire gratuity amount payable to the nominee of the deceased as per the nomination made in the service records during the life time of the deceased. - 7 - HC-KAR NC: 2025:KHC:40993 MFA No. 6407 of 2024 Therefore, this observation made by the trial Court is hereby set aside. With the above said observation, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR,PB List No.: 1 Sl No.: 44