Sharadhabai W/O Shankarao Jadhav Vs Sumitra W/O Shivajirao Wadkar

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NC: 2025:KHC-D:15606 WP No. 101360 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 101360 OF 2023 (GM-CPC)

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BETWEEN:

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SHARADHABAI W/O SHANKARAO JADHAV, AGED ABOUT 87 YEARS, OCC. HOME MANAGEMENT, RESIDING AT GANDHI CHOWK, DHARWAD-580 008.

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LEELA W/O MAILARAPPA PAWAR, AGED ABOUT 86 YEARS, OCC. HOME MANAGEMENT, RESIDING AT GANDHI CHOWK, DHARWAD-580 001.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:52 +0530

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SUNANDA W/O BHIMARAO JADHAV, AGED ABOUT 81 YEARS, OCC. HOME MANAGEMENT, RESIDING AT GANDHI CHOWK, DHARWAD-580 001.

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SHANKUTALA @ LALITA W/O MADHAVARAO, AGED ABOUT 78 YEARS, OCC. HOME MANAGEMENT, RESIDING AT SHETTI GALLI, BELAGAVI-590 001.

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… PETITIONERS

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(BY SRI. SUNIL S. DESAI, ADVOCATE)

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AND:

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SUMITRA W/O SHIVAJIRAO WADKAR, AGED ABOUT 88 YEARS, OCC. HOUSE MANAGEMENT,

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2 - NC: 2025:KHC-D:15606 WP No. 101360 of 2023

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HC-KAR

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R/O. OPPOSITE CIVIL HOSPITAL, DHARWAD-580 008.

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ANASUYA BABAR GHORPADE, AGED ABOUT 86 YEARS, OCC. HOUSEHOLD, R/O. KERI TALAGIN ONI, GANDHI CHOUK, DHARWAD-580 001.

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YAMUNA @ SHANTABAI W/O MARUTIRAO NESARKAR, AGED ABOUT 83 YEARS, OCC. HOUSE MANAGEMENT, R/O. PATSON AGENCY OM NAGAR, DHARWAD ROAD, BELAGAVI-590 001.

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LAXMAN SANTRAM BHISE, AGED ABOUT 81 YEARS, OCC. BUSINESS, R/O. KERI TELAGINA ONI, GANDHI CHOWK, DHARWAD-580 001.

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JEEJA @ PRABHA ANANTRAO DESAI, AGED ABOUT 78 YEARS, OCC. HOUSE MANAGEMENT, R/O. SAHAPUR, ALOWN GALLI, BELAGAVI-590 001.

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KHANDU SANTRAM BHISE, AGED ABOUT 76 YEARS, OCC. NIL, R/O. 14, B.T.M. LAYOUT, II STAGE, 10^TH CROSS, 16^TH MAIN, BENGALURU.

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ASHOK GANGARAM JADHAV, AGED ABOUT 72 YEARS, OCC. ADVOCATE, R/O. NO.11, CHETAN COLONY, GADAG ROAD, HUBBALLI-580 020.

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HC-KAR

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KISHOR GANGARAM JADHAV, AGED ABOUT 70 YEARS, OCC. HOUSE MANAGEMENT, R/O. PACHASHKARI NAGAR, NEAR NAVANAGAR, HUBALLI-580 020.

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MOHANRA SHIVAJIRAO JADHAV, (SINCE DECEASED BY HIS LR’S.)

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9A. SHASIKALA W/O MANOHAR JADHAV @ SHASIKALA K. KAMATE, AGE ABOUT 59 YEARS, OCC. SERVICE, R/O. 1^ST MAIN, 1^ST CROSS, RAJATAGIRI, DHARWAD-580 001.

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9B. MEGHANA MANOHAR JADHAV, AGE. 28 YEARS, OCC. PRIVATE SERVICE, R/O. 1^ST MAIN, 1^ST CROSS, RAJATAGIRI, DHARWAD-580 001.

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9C. NIKHITA MANOHAR JADHAV, AGE. 26 YEARS, OCC. PRIVATE SERVICE, R/O. 1^ST MAIN, 1^ST CROSS, RAJATAGIRI, DHARWAD-580 001.

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9D. VINAYAK MANOHAR JADHAV, AGE. 23 YEARS, OCC. SERVICE, R/O. 1^ST MAIN, 1^ST CROSS, RAJATAGIRI, DHARWAD-580 001.

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VIJAY GANGARAM JADHAV, AGED ABOUT 62 YEARS, OCC. MEDICAL REPRESENTATIVE, R/O. AT NO.11, CHETAN COLONY, GADAG ROAD, HUBBALLI-580 020.

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SUSHEEL GANGARAM JADHAV, AGED ABOUT 69 YEARS, OCC. BUSINESS, R/O. AT NO.11, CHETAN COLONY, GADAG ROAD, HUBBALLI-580 020.

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NC: 2025:KHC-D:15606 WP No. 101360 of 2023

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HC-KAR

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RAJASHRI GANGARAM JADHAV, AGED ABOUR 56 YEARS, OCC. SERVICE, R/O. LIG 561, 14^TH CROSS, NAVANAGAR, HUBBALLI-580 025.

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RAJU GANGARAM JADHAV, AGED ABOUT 50 YEARS, OCC. SERVICE, R/O. LIG 561, 14^TH CROSS, NAVANAGAR, HUBBALLI-580 025.

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SHANTABAI W/O LATE RAMACHANDRA, AGED ABOUT 82 YEARS, OCC. HOME MAKER, R/O. GANDHI CHOWK, DHARWAD-580 001.

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REKHA D/O LATE RAMACHANDRA, AGED ABOUT 52 YEARS, OCC. HOME MANAGEMENT, R/O. GANDHI CHOWK, DHARWAD-580 001.

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… RESPONDENTS (BY SRI. PRASHANT D. KULKARNI, ADVOCATE FOR R8 AND R9 (A TO D);

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VIDE ORDER DATED 03.03.2023 SERVICE OF NOTICE TO R1 TO R8 AND R10 TO R15 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 01-12-2022 PASSED BY PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN R.A. NO.158/2018 ON I.A. NO.12 AT ANNEXURE-D AND CONSEQUENTLY ALLOW I.A. NO.12 IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:15606 WP No. 101360 of 2023

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

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This petition is filed assailing the order dated 01.12.2022 dismissing the petitioners’ application under Section 151 of the Code of Civil Procedure (‘Code’ for short) to recall the order dated 31.10.2022.

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In terms of the said order, the appeal against respondents No.9(a) to 9(d) is dismissed on the premise that amended appeal memo is not filed.

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It is noticed that the application to substitute the legal representatives of deceased respondent No.9 was allowed. Amendment was carried out; however amended appeal memo was not filed. The Trial Court rejected the application to recall the said order on the premise that the cause shown is not sufficient.

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Learned counsel for the petitioners would submit that on the day he was supposed to file amended appeal memo, there was a strike called by the Members of the Bar as such, the counsel could not enter the Court premises to take further steps.

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HC-KAR

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The Trial Court has taken a view that the advocate has the duty to protect the interest of the litigant and to assist the Court and abstaining from the Court is not a ground to recall the order.

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Since the application to substitute the legal representatives of the deceased respondent No.9 was already allowed and amendment is carried out, the Appellate Court erred in dismissing the appeal against the proposed legal representatives of deceased respondent No.9. The Appellate Court ought to have allowed the application to recall the order, to do complete justice to the parties as appeal against remaining respondents was still pending.

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