Dismissed

Sri Prakash S/O. Narayanrao Kuranakar v. Smt Yashodha W/O. Narayan Kurankar Since Deceased by Lrs

Karnataka HC2 Feb 2023WP/100637/2023

Case brief

AI extract

What is this about?

This judgment is a withdrawal order in a writ petition under Articles 226 and 227 of the Constitution of India. The High Court of Karnataka dismissed the petition as withdrawn with liberty to file an appeal before the Appellate Court, granting benefit under Section 14 of the Limitation Act.

What did the court decide?

Petition dismissed as withdrawn with liberty to appeal and benefit of Section 14 of the Limitation Act.

Sri Prakash S/O. Narayanrao Kuranakar Vs… — Civil Procedure and Limitation | Karnataka HC (2023)

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WP No. 100637 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO. 100637 OF 2023 (GM-CPC)

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BETWEEN:

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SRI PRAKASH S/O. NARAYANRAO KURANAKAR AGE. 73 YEARS, OCC. BUSINESS, R/O. CTS NO.3654, CORRESPONDING TO TMC NO.2838, KURANAKAR CHAWL, SANKESHWAR, TQ. HUKKERI-591313, DIST. BELAGAVI.

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SRI. RAMESH S/O. NARAYANRAO KURANKAR AGE 70 YEARS, OCC. BUSINESS, R/O. CTS NO.3654, CORRESPONDING TO TMC NO.2838, KURANAKAR CHAWL, SANKESHWAR, TQ. HUKKERI-591313, DIST. BELAGAVI.

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SRI. ABHIJIT S/O. ASHOK KURANKAR AGE. MAJOR, OCC. BUSINESS, R/O. GANGA NIVAS S. G. ROAD, SANKESHWAR, TQ. HUKKERI-591313, DIST. BELAGAVI.

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANILocation: HighCourt of Karnataka,DharwadDate: 2023.02.0712:01:23 +0530

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…PETITIONERS (BY SRI NEELENDRA D.GUNDE, ADVOCATE)

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AND:

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SMT YASHODHA W/O. NARAYAN KURANKAR SINCE DECEASED BY LRS.

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SRI. MANOHAR S/O. NARAYAN KURANKAR, AGE. 68 YEARS, OCC. BUSINESS, R/O. CTS NO.3654, CORRESPONDING TO TMC NO.2838,

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WP No. 100637 of 2023

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KURANAKAR CHAWL, TQ. SANKESHWAR-591313, DIST. BELAGAVI.

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SHRI. ASHOK NARAYANARAO KURLANKAR SINCE DECEASED BY HIS LRS

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SMT. JAYSHREEE W/O. SUHAS PATIL AGE. 48 YEARS, OCC. HOUSEHOLD, R/O. SHANKESHWAR, TALUKA. HUKKERI-591313, DISTRICT. BELAGAVI-590001.

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SMT. LEENA W/O. SATISH BELGONKAR AGE. 46 YEARS, OCC. HOUSEHOLD, R/O. CTS NO.5930, SWAMI VIVAKANANDA NAGARA, III CROSS, TILAKWADI, BELAGAVI-590006

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SHREE. INDRAJEET S/O. ASHOK KURLNAKAR AGE. 38 YEARS, OCC. BUSINESS, R/O. SHANKESHWAR, TALUKA HUKKERI-591313, DISTRICT. BELAGAVI.

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SRI. YASHODHARA ALIAS PREMA W/O. AJIT SINGH CHAVAN AGE. 74 YEARS, OCC. HOUSEHOLD WORK, R/O. NARASINGH NIVAS, NEAR BHAVANI MANTAP, KOLHAAPUR, DIST. KOLHAPUR-416001, STATE. MAHARASHTRA.

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SHANTABAI W/O.SHANKARAO DECEASED BY HIS LRS.

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SRI. AJIT S/O. SHANKARARAO KURANKAR AGE. 58 YEARS, OCC. BUSINESS, R/O. CTS NO.3654, CORRESPONDING TO TMC NO.2838, TO NO - KURENKAR CHAWL, SANKESHWAR, TQ. HUKKERI-591313, DIST. BELAGAVI.

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WP No. 100637 of 2023

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SMT. REKHA W/O. ASHOK KURANKAR AGE. MAJOR, OCC. HOUSEHOLD WORK, R/O. CTS NO.3654, CORRESPONDING TO TMC NO.2838 25 14 KURANKAR CHAWI, SANKESHWAR-591313, TAL. HUKKERI, DIST. BELAGAVI.

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SMT. PUJA W/O. PRAKASH KURANKAR AGE. MAJOR, OCC. HOUSEHOLD WORK, R/O. CTS NO.3654,CORRESPONDING TO TMC NO.2838 25 14 KURANKAR CHAWI, SANKESHWAR-591313, TAL. HUKKERI, DIST. BELAGAVI.

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SMT. SHAILAJA W/O. RAMESH KURANKAR AGE. MAJOR, OCC. HOUSEHOLD WORK, R/O. CTS NO.3654, CORRESPONDING TO TMC NO.2838 25 14 KURANKAR CHAWI, SANKESHWAR, TAL. HUKKERI, DIST. BELAGAVI.

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SMT. MADHURI W/O. MANOHAR KURANKAR AGE. MAJOR, OCC. HOUSEHOLD WORK, R/O. GANGA NIVAS CTS NO.3654, KURANKAR CHAWL, SANKESHWAR, TAL. HUKKERI, DIST. BELAGAVI.

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SMT. KAMAL SHEETAL W/O. BALASAHEB ASAWALE AGE. MAJOR, OCC. SERVICE, R/O. H. NO.108/10, UMESH HOUSING SOCIETY, OPPOSITE D. Y. PATIL SCHOOL, SHAHU NAGAR, CHANCHAWAD, POONA-19, 111045, MAHARASHTRA

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SMT. VIJAYMALA W/O. RAMACHANDRA (BABURAO) MALA AGE. MAJOR, OCC. HOUSEHOLD, R/O. NIDASOSHI ROAD, SANKESHWAR-591313 DIST-BELAGAVI.

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WP No. 100637 of 2023

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SMT. SUNITA ALIAS MAHADEVI W/O. NIVAGRAO SHINDE AGE. MAJOR, OCC. HOUSEHOLD, R/O. MANGALWARPETH, KHARI CORNER, KOLHAPUR-12, 416001 MAHARASHTRA STATE.

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SMT. AMITA W/O. SHIVAJIRAO KURADE AGE. MAJOR, OCC. HOUSEHOLD, R/O. 302/A, VIGHANA APARTMENT, CURREY ROAD, NAKA LOWER PAREL, MUMBAI-400013, MAHARASTRA STATE

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SMT. VAISHALI W/O. CHANDRAKANT DESAI AGE. MAJOR, OCC. HOUSEHOLD, R/O. AT AND PO. SONALI-GARAGOTI, TALUKA BHUDARGAD, DIST. KOLHAPUR-416001, MAHARASHTRA STATE

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SMT. GEETA W/O. VILASRAO KALEKAR AGE. MAJOR, OCC. HOUSEHOLD, GANGA GOVIND NIVAS, TELVEKAR GALLI, AT AND PO. GADHINGLAJ-416501, DIST. KOLHAPUR, MAHARASTRA STATE.

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SHRI. SHIVAPUTRA SHANKAREPPA SHIRKOLI, AGE. MAJOR, OCC. BUSINESS, R/O. AZAD ROAD, SANKESHWAR, TALUKA. HUKKERI, DIST. BELAGAVI.

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…RESPONDENTS

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(BY MISS. PRIYANKA H.PAWAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 17/12/2022 PASSED BY SENIOR CIVIL JUDGE HUKKERI ITINERARY COURT AT SANKESHWAR IN O.S.NO.23/2000 THEREBY DISMISSED I.A.NO.42 FILED UNDER ORDER 39 RULE 2A OF C.P.C VIDE ANNEXURE-H.

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WP No. 100637 of 2023

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

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ORDER

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Learned counsel for the petitioners has filed a memo seeking withdrawal of the petition with liberty to file appeal before the Appellate Court. Memo is placed on record.

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Petition is dismissed as withdrawn, reserving liberty in favour of the petitioners to prefer an appeal before the jurisdictional Court.

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If such an appeal is preferred within six weeks from today, petitioners would be entitled for benefit of Section 14 of the Limitation Act.

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SD JUDGE

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CKK

Sri Prakash S/O. Narayanrao Kuranakar v. Smt Yashodha W/O. Narayan Kurankar Since Deceased by Lrs

Case brief

What is this about?

What did the court decide?

Sri Prakash S/O. Narayanrao Kuranakar v. Smt Yashodha W/O. Narayan Kurankar Since Deceased by Lrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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