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2019 Supreme(Kar) 1825

B.V.NAGARATHNA, SURAJ GOVINDARAJ
K S Natraj S/o Late K M Somashekar – Appellant
Versus
NIL – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. S. Vivekananda, Advocate

JUDGMENT :

SURAJ GOVINDARAJ, J.

1. The appellant had filed the proceeding under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as the ‘Succession Act’ for the sake of brevity) for issuance of a Succession Certificate which came to be numbered as P&SC No.209/2018. The said P&SC No.209/2018 came to be dismissed by X Addl. City Civil and Sessions Judge, Bengaluru, by way of its order dated 10.01.2019. Being aggrieved, this appeal has been preferred.

2. The appellant has stated that he is the son of late Sri. K.M. Somashekar, who was holding equity shares in M/s Titan Watches Limited (now Titan Company Limited), as also several movable and immovable properties.

3. Late K.M. Somashekar was married to Smt. Deviramma and they had two sons and a daughter (including the appellant). Late K.M.Somashekar expired in the year 1998, Smt. Deviramma also expired subsequently. He states that his sister and daughter of late K.M.Somshekar, Smt.Bhagya had predeceased her father leaving behind two sons. He has further stated that late K.M.Somashekar did not leave behind any Will. After his death, his widow, two sons and two sons of deceased daughter together partitioned his assets u

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