Dismissed¶35

Sri. Shrikant Gopal Kalagutkar v. Smt. Sushma D/O Kamalakar Kalagutkar

Karnataka HC9 Jan 2025MFA/101498/2023

Case brief

AI extract

What is this about?

Karnataka HC Dharwad Bench, 09-01-2025, Justice Hanchate Sanjeevkumar; MFA No.101498/2023 (CPC); Shrikant Gopal Kalagutkar v. LRs of Kamalakar Naraba Kalagutkar; withdrawal of appeal on counsel's memo; dismissal as withdrawn with liberty to file appeal before jurisdictional court; Section 14 Limitation Act exclusion of period spent in High Court; Order 43 Rule 1(t) CPC; impugned order of Prl. Sr. Civil Judge, Karwar dated 26.10.2015 in U.Misc No.2/2013; no costs or quantum; short oral judgment, no precedent discussed.

What did the court decide?

Appeal dismissed as withdrawn, with liberty reserved to prefer an appeal before the Jurisdictional Court, and exclusion of the period spent in this appeal under Section 14 of the Limitation Act. ¶35

Sri. Shrikant Gopal Kalagutkar Vs Smt. Sushma D/O Kamalakar Kalagutkar — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:346 MFA No. 101498 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101498 OF 2023 (CPC)

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BETWEEN:

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SRI. SHRIKANT GOPAL KALAGUTKAR, AGE. 76 YEARS, OCC. PENSIONER, R/O. MAJALI, TAL. AND DIST. KARWAR, PRESENTLY RESIDING AT GOA.

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…APPELLANT

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(BY SRI RAMESH N.MISALE, ADVOCATE)

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AND:

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SRI. KAMALAKAR NARABA KALAGUTKAR, SINCE DECEASED BY HIS LR’S.

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SMT. SUSHMA D/O. KAMALAKAR KALAGUTKAR, AGE. 34 YEARS, OCC. HOUSEHOLD WORK, R/O. MAJALI, TAL. AND DIST. KARWAR.

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SRI. KIRAN S/O. KAMALAKAR KALAGUTKAR, AGE. 30 YEARS, OCC. R/O. MAJALI, TAL. AND DIST. KARWAR.

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

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SRI. VIJAYANAND NARABA KALAGUTKAR, AGE. 64 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR.

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SRI. MANJUNATH NARABA KALAGUTKAR, AGE. 58 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR.

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SRI. SURESH PANDURANG KALAGUTKAR, AGE. 68 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR.

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SRI. GAJANAN PANDURANG KALAGUTKAR, AGE. 64 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR.

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NC: 2025:KHC-D:346 MFA No. 101498 of 2023

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SRI. SANJAY PANDURANG KALAGUTKAR, AGE. 61 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR.

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SMT. JAYA PANDURANG KALAGUTKAR,

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(SINCE DECEASED SURVIVED BY HER L.R’S RESPONDENTS NO.3 TO 8 HEREIN)

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SRI. SANDEEP PANDURANG KALAGUTKAR, AGE. 63 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR.

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SMT. JYOTI W/O. PUNDALIK KALAGUTKAR, AGE. 67 YEARS, OCC. HOUSE HOLD WORK AND AGRICULTURE, R/O. MAJALI, TAL. AND DIST. KARWAR. PRESENTLY RESIDING AT POLICE CO-OP HOUSING SOCIETY, CASTAL WADA, NAGOVA, TAL. SALCET, SOUTH GOA-403722.

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SMT. DEEPA W/O. HANUMANT NAIK, AGE. 38 YEARS, OCC. HOUSE HOLD WORK, R/O. MAJALI, TAL. AND DIST. KARWAR, PRESENTLY RESIDING AT POLICE CO-OP. HOUSING SOCIETY, CASTAL WADA, NAGOVA, TAL. SALCET, SOUTH GOA-403722.

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SRI. SURAJ W/O. PUNDALIK KALAGUTKAR, AGE. 35 YEARS, OCC. GOVT. SERVANT, R/O. MAJALI, TAL. AND DIST. KARWAR, PRESENTLY RESIDING AT POLICE CO-OP. HOUSING SOCIETY, CASTAL WADA, NAGOVA, TAL. SALCET, SOUTH GOA-403722.

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…RESPONDENTS

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(T) OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO (B) ALLOWING THIS MFA THE ORDER OF THE PRL. SR. CIVIL JUDGE, KARWAR, DATED 26.10.2015 PASSED IN U.MISC NO.2/2013, MAY PLEASE BE SET ASIDE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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3 - NC: 2025:KHC-D:346 MFA No. 101498 of 2023

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal.

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