IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.7895 OF 2017 (ISA) BETWEEN:
1. Smt. Shashikala Ramesh, W/o. Late M.L.Ramesh, Aged about 48 years, 2. Sri. M.R.Satish Chandra, S/o. Late M.L.Ramesh, Aged about 25 years, Studying at Final M.B.B.S., Internship at Guangxi Medical University, Gunangxi, Nanning China By His Power of Attorney Holder the 1st Appellant Smt.Shashikala Ramesh 3. Sri. M.R.Subhash Chandra, S/o. Late M.L.Ramesh, Aged about 20 years, All are R/o. ‘Divya Chethana’ Vinayaka Extension, Karasavadi Road, Near Chandra Darshan Kalyana Mantapa, Mandya, (By Sri. M.R.Rajagopal, Advocate-Absent) AND:
1. Smt. Sharada Lingaiah, …Appellants W/o. Late M.Lingaiah, Aged about 78 years, 2. Sri. M.L.Venkatesh, S/o. Late M.Lingaiah, Aged about 47 years, Both are R/at No.1203, ‘Sharada Nilaya’, Ashoka Nagar, Opp. Mahila Samaja, Mandya ... Respondents This MFA is filed under Section 299 of the Indian Succession Act, 1925, against the order dated 30.01.2017 passed in P & SC No.11/2016 on the file of the IV Additional District and Sessions Judge, Mandya, the petition filed by the petitioners under Section 276 of Indian Succession Act, 1925 is maintainable only with respect to the properties of Lingaiah bequeathed by him under the will deed dated 25.02.2010 and the petition is not maintainable with respect to the properties belonging to the first respondent.
This MFA coming on for orders this day, the Court made the following:
ORDER The appellants’ counsel is absent. Order dated 26.04.2019 shows that four weeks time was granted for compliance of office objections. It was made clear that if the office objections are not complied within the time, the appeal shall be listed for dismissal. Office objections have remained without being complied with. Therefore appeal is dismissed.
Sd/- JUDGE KMV/-