Karnataka High Court
Annamma J Vithayathil vs Dr. Joseph Vithayathil @ Jose ... on 16 December, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:53422
TOS No. 1 of 2025
HC-KAR
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,
Digitally signed DAUGHTER OF LATE JOSEPH VITHAYATHIL,
by DEVIKA M
AGED ABOUT 60 YEARS,
Location: HIGH RESIDING AT NO.57,
COURT OF
KARNATAKA 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,
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NC: 2025:KHC:53422
TOS No. 1 of 2025
HC-KAR
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:
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NC: 2025:KHC:53422
TOS No. 1 of 2025
HC-KAR
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