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Karnataka High Court

Sri S T Raghavendra Mady vs Nil on 21 February, 2018

Author: A.S.Bopanna

Bench: A.S. Bopanna

                         1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 21ST DAY OF FEBRUARY, 2018

                       BEFORE

        THE HON'BLE MR. JUSTICE A.S. BOPANNA

                    TOS NO.1/2015

BETWEEN:

1.     SRI S T RAGHAVENDRA MADY
       SON OF LATE DR S.THAMMAIAH MADY
       AGED ABOUT 78 YEARS
       RESIDING AT NO.45/2 'TAPOVAN'
       45TH CROSS, 17TH MAIN
       J.P.NAGAR, 2ND PHASE,
       BANGALORE - 560 078.

2.     SRI S JAYAPRAKASH MADY
       SON OF LATE S SADANANDA MADY
       AGED ABOUT 50 YEARS
       RESIDING AT NO.45/2,
       'SRI HARI NIVAS'
       45TH CROSS, 17TH MAIN
       J.P.NAGAR, 2ND PHASE,
       BANGALORE - 560 078.

3.     DR P SUBBA RAO
       SON OF LATE P JANARDHANA RAO
       AGED ABOUT 63 YEARS
       RESIDING AT JANARDHANA
       VASANTH NIVAS, KADRI ROAD
       MANGALORE - 575 003.

4.     SRI H.A.K RAO
       S/O LATE DR.POORNAIAH
       AGED ABOUT 85 YEARS
       CHARTERED ACCOUNTANT
                               2



       2/1, CONNAUGHT ROAD
       BANGALORE - 560 052.

                                          ...PETITIONERS

(BY SRI SACHINDRA KARANTH K, ADVOCATE)

AND:

NIL
                                          ...RESPONDENT


(BY SRI S R KAMALACHARAN, ADVOCATE
 M/S.SUNDARASWAMY AND RAMDAS FOR
 OBJECTOR 1 & 2)
                         ****

     THIS TOS IS FILED UNDER PART VII AND IX OF THE
INDIAN SUCCESSION ACT, 1925, PRAYING TO ALLOW THEM
TO PROVE THE SAID WILL IN COMMON FORM AND GRANT
PROBATE WITH THE WILL ANNEXED AND ETC.

    THIS TOS COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:


                           ORDER

Memo reporting settlement signed by the learned counsel for the parties is filed before this Court.

2. In terms thereof, it is noticed that the parties have settled all issues amongst themselves, due to which, the petitioners/ plaintiffs herein have agreed to 3 withdraw the instant proceedings as the relief prayed therein does not subsist.

3. The memo along with the documents enclosed is taken on record.

4. The above suit is disposed as not pressed. The Registry is directed to return the original of the Will which is kept in safe custody as per the endorsement dated 3.3.2014 to the learned counsel for the petitioners on obtaining the acknowledgement for the same.

Sd/-

JUDGE tsn*