IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 50233 OF 2019 (GM-CPC) BETWEEN:
1. SMT. S PALLAVI W/O PUNEETH M V D/O LATE SEENE GOWDA @ SRINIVAS AGED ABOUT 25 YEARS R/O MATHIGHATTA VILLAGE, KASABA HOBLI, KRISHNARAJAPETE TALUK, MANDYA DISTRICT - 571426 2. SRI S GURUPRASAD S/O LATE SEENE GOWDA @ SRINIVAS AGED ABOUT 23 YEARS R/AT NO 343, HALE BEEDI, KASABA HOBLI, SIDDALINGAPURA POST, MYSORE – 570003.
(BY SRI. B VIJAY SHETTY, ADVOCATE) AND:
1. PUTTANARASAMMA @ LAKSHMAMMA W/O LATE SEENE GOWDA, AGED ABOUT 50 YEARS, R/AT NO 44/1 KAREKALLU, KAMAKSHIPALYA, BANGALORE – 560079.
2. SRI PRADEEP KUMAR S P S/O LATE SEENE GOWDA AGED ABOUT 30 YEARS R/AT NO 44/1, KAREKALLU, KAMAKSHIPALYA BENGALURU - 560079 … PETITIONERS … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN P AND S.C.NO.16/2017 WHICH WAS PENDING BEFORE THE HON’BLE VIII CALL FOR RECORDS IN P AND S.C.NO.16/2017 WHICH WAS PENDING BEFORE THE HON’BLE VIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-15) AND SET ASIDE THE ORDER PASSED BY THE HONBLE VIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-15) IN P AND S.C.NO.16/2017 DATED 08.12.2017 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners who were not eo nomine parties to the P & SC No.16/2017 are invoking the writ jurisdiction of this Court for assailing the order dated 08.12.2017, a copy whereof is at Annexure-A whereby the learned VIII Additional City Civil Judge, Bengaluru, having favoured the petition, has directed for issuance of Succession Certificate for the estate of the deceased in favour of the respondents herein.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, this Court declines to interfere in the matter since the petitioner has got an alternative and efficacious remedy of moving the petition under Section 383 of Indian Succession Act, 1925 inasmuch as, the grounds urged in this writ petition by & large fall within the embrace of this Section.
This writ petition therefore is disposed off reserving liberty to the petitioner to move an appropriate petition/application under section 383, of the 1925 Act, within a period of 30 days, all contentions having been kept open.
Sd/- JUDGE Bsv