Shri. Bandopanth S/O. Bharma Badavanache, v. Smt. Shailaja W/O. Laxmikant Kamat

Karnataka HC25 Apr 2025RP/100156/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; C.M. Poonacha J; decided 25.04.2025; RP No. 100156 of 2024; review petition under Order 47 Rule 1 r/w Section 114 CPC against judgment dated 26.07.2024 in RSA No.5651/2010; dismissed as withdrawn on petitioners' memo for withdrawal; no merits decision; related proceedings RSA Nos.5234/2008, 5651/2010 (dismissed) and 100966/2023 (allowed); connected R.P.No.100157/2024 dismissed with Rs. 1 lakh costs on 04.04.2025.

What did the court decide?

In view of the memo for withdrawal filed by the petitioners, the review petition is dismissed as withdrawn; no decision was rendered on the merits of the review. ¶¶35-¶36

Shri. Bandopanth S/O. Bharma Badavanache, Vs Smt. Shailaja W/O. Laxmikant Kamat — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:6904 RP No. 100156 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO.100156 OF 2024

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BETWEEN:

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SHRI. BANDOPANTH S/O. BHARMA BADAVANACHE, AGE. 73 YEARS, OCC. BUSINESS, R/O. 4196/1A/1, KACHERI ROAD, BELAGAVI-590001.

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SHRI. PRASHANT S/O. BANDOPANTH BADAVANACHE, AGE. 48 YEARS, OCC. BUSINESS, R/O. 4196/1A/1, KACHERI ROAD, BELAGAVI-590001.

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SHRI. PRAMOD S/O. BANDOPANTH BADAVANACHE, AGE. 48 YEARS, OCC. BUSINESS, R/O. 4196/1A/1, KACHERI ROAD, BELAGAVI-590001.

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…PETITIONERS

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(BY SRI. PRAVEENKUMAR G.KULKARNI, ADVOCATE)

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka

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AND:

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SMT. SHAILAJA W/O. LAXMIKANT KAMAT, SINCE DECEASED BY HER LRS RESPONDENT NO.2 TO 4 AND 6

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1. SMT. JYOTI W/O. AJAY DABOLKAR, AGE. 56 YEARS, OCC. SERVICE, R/O. BUDHAWARPETH, TILAKWADI, BELAGAVI-590001.

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SMT. TRUPATI W/O. SANJAY DARESHWAR, AGE. 58 YEARS, OCC. SERVICE, R/O. 94, STEPHENSES, MELBORNE, AUSTRALIA THROUGH HER GPA HOLDER, DR. JYOTI AJAY DABHOLKAR

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…RESPONDENTS

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NC: 2025:KHC-D:6904 RP No. 100156 of 2024

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THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC., PRAYING TO ALLOW THE REVIEW PETITION BY REVIEWING THE JUDGMENT DATED 26.07.2024 PASSED IN R.S.A. NO.5651 OF 2010, FOR THE ADVANCEMENT OF SUBSTANTIAL JUSTICE.

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THIS REVIEW PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

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The present review petition is filed to review the order dated 26.07.2024 passed in RSA No.5651/2010.

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It is relevant to note here that this Court, vide order dated 26.07.2024, adjudicated RSA Nos.5234/2008, 5651/2010 and 100966/2023 between the parties, wherein, RSA No.5234/2008 and 5651/2010 were dismissed and RSA No.100966/2023 was allowed.

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The petitioners herein preferred

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R.P.No.100157/2024 to review the judgment dated 26.07.2024 passed in RSA No.100966/2023. This Court, vide order dated 04.04.2025, dismissed the R.P.No.100157/2024 with costs of ₹1 lakh.

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Today learned counsel for the petitioners has filed a memo for withdrawal which reads as follows:

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3 - NC: 2025:KHC-D:6904 RP No. 100156 of 2024

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MEMO FOR WITHDRAWAL

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The petitioners herein submits as under…..

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The petitioners herein are not intends to proceed with the case, hence the above review petition may kindly be dismissed as withdrawn with the liberty to challenge the original order before appropriate court.

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Hence, this memo.

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Sd/Place: Dharwad Advocate for petitioners Date:25.04.2025 (Praveen G. Kulkarni)

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