Disposed

Sunil Vamanketkar v. Vaman Bhaskar Ketkar and Anr.

Bombay HC15 Jun 2023AO/35/2014

Case brief

AI extract

What is this about?

The High Court disposed of an appeal challenging the dismissal of inventory proceedings due to lack of jurisdiction. It permitted the appellant to withdraw the appeal to pursue proceedings under the Hindu Succession Act in a competent court, considering the time spent sympathetically for limitation purposes.

What did the court decide?

Appellant allowed to withdraw appeal to file proceedings under Hindu Succession Act in competent court. Time spent in this appeal to be considered sympathetically for limitation.

Sunil Vamanketkar Vs Vaman Bhaskar Ketkar and Anr. — Succession and Inheritance | Bombay HC (2023)

¶1

1-AO-35-2014 W MCA-879-2014.DOC

¶2

Maria S.

¶3

IN THE HIGH COURT OF BOMBAY AT GOA

¶4

APPEAL FROM ORDER NO.35 OF 2014
WITH
MISCELLANEOUS CIVIL APPLICATION NO.879 OF 2014
IN
APPEAL FROM ORDER NO.35 OF 2014

¶5

SUNIL VAMANKETKAR … Appellant

¶6

Versus

¶7

VAMAN BHASKAR … Respondents KETKAR AND ANR.,

¶8

Mr Vishnuprasad A. Lawande with Mr Parimal Redkar and Mr. K. Naik, Advocates for the Appellant.

¶9

Mr J. J. Mulgaonkar, Advocate for Respondents.

¶10

CORAM: M. S. KARNIK, J. DATED : 15^th June 2023

¶11

ORAL ORDER:

¶12

1. Heard learned counsel for the appellant and learned counsel for the respondents.

¶13

2. The appellant had filed inventory proceedings before the Adhoc Senior Civil Judge 'A' Court, Ponda. The objection was raised by the respondents that the Court in which the inventory proceedings are filed has no jurisdiction to conduct the proceedings. The Inventory Court observed that deceased Vaman and his wife Vandana are not domiciled in Goa and hence, the Family Law of Goa is not applicable to them as the

¶14

Page 1 of 3 15^th June 2023

¶15

1-AO-35-2014 W MCA-879-2014.DOC

¶16

applicant (present appellant) has not placed on record evidence to show that he was born in Goa as required under the provisions of Family Law in Goa and also as held in Eugenia Rana v/s. Hirabai Hiralal Rana & Ors¹ .

¶17

3. The Inventory Court was pleased to pass an order dismissing the inventory proceedings on the ground that the Court has no jurisdiction.

¶18

4. Learned counsel for the appellant placed on record a communication received from the appellant that he wishes to withdraw the appeal with permission to file the proceedings under the Hindu Succession Act before the lower Court. The the copy of the communication is taken on record and marked as 'X' for identification.

¶19

5. That the inventory proceedings are rejected by the Court on the ground that it has no jurisdiction, will not deprive the appellant from seeking remedies before the competent Court. The appellant wants to pursue the proceedings before the lower Court under the Hindu Succession Act.

¶20

6. It is open for the appellant to pursue the matter before the competent Court under the Hindu Succession Act having territorial jurisdiction to decide the matter. It is obvious that the inventory Court has not gone into the merits of the matter as it held that the Court has no jurisdiction and hence, the proceedings if filed by the appellant before the competent

¶21

1 2006 B.C.I. 105.

¶22

Page 2 of 3 15^th June 2023

¶23

1-AO-35-2014 W MCA-879-2014.DOC

¶24

Court will have to be dealt with on its own merits and in accordance with law. The proceedings in this Court were pursued by the appellant bonafide and, therefore, the period spent in pursuing the present appeal from order shall be considered sympathetically by the competent Court, should the question of limitation arise.

¶25

7. The writ petition is disposed of as withdrawn with the liberty as aforesaid.

¶26

8. Nothing survives for consideration in the civil application and the same also stands disposed of.

¶27

M. S. KARNIK, J.

¶28

MARIA SUZANA Digitally signed by MARIA SUZANA REBELLO REBELLO Date: 2023.06.15 18:01:09 +05'30'

¶29

Page 3 of 3 15^th June 2023

Sunil Vamanketkar v. Vaman Bhaskar Ketkar and Anr.

Case brief

What is this about?

What did the court decide?

Sunil Vamanketkar v. Vaman Bhaskar Ketkar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kusum Pandari Naik and Anr. Vs Kamal Soman Naik Raikar @ Shobhavati N. Parpati ( Since Deceased) Thr Lrs

Maharashtra Public Service Commission vs Vast India Pvt. Ltd.

Suresh Vasudeva Porobo Sinari., Vs Village Panchayat Curca, Bambolim and Talaulim, Rep. by Its Sarpanch and 3 Ors.

Jose Cirilo C. Fernandes(Dec)by Lrs. and Ors. Vs Dy. Collector, N.Goa and Anr.

Namdev Mardolkar Vs Chintamani Hemant Amonkar and Anr.

Sunil Vaman Ketkar Vs Vaman Bhaskar Ketkar and Anr.