- 1 - NC: 2025:KHC-D:346 MFA No. 101498 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101498 OF 2023 (CPC) BETWEEN: SRI. SHRIKANT GOPAL KALAGUTKAR, AGE. 76 YEARS, OCC. PENSIONER, R/O. MAJALI, TAL. AND DIST. KARWAR, PRESENTLY RESIDING AT GOA. …APPELLANT (BY SRI RAMESH N.MISALE, ADVOCATE) AND: 1. SRI. KAMALAKAR NARABA KALAGUTKAR, SINCE DECEASED BY HIS LR’S. SMT. SUSHMA D/O. KAMALAKAR KALAGUTKAR, AGE. 34 YEARS, OCC. HOUSEHOLD WORK, R/O. MAJALI, TAL. AND DIST. KARWAR. 2. SRI. KIRAN S/O. KAMALAKAR KALAGUTKAR, AGE. 30 YEARS, OCC. R/O. MAJALI, TAL. AND DIST. KARWAR. 3. SRI. VIJAYANAND NARABA KALAGUTKAR, AGE. 64 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR. 4. SRI. MANJUNATH NARABA KALAGUTKAR, AGE. 58 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR. 5. SRI. SURESH PANDURANG KALAGUTKAR, AGE. 68 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR. 6. SRI. GAJANAN PANDURANG KALAGUTKAR, AGE. 64 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:346 MFA No. 101498 of 2023 7. SRI. SANJAY PANDURANG KALAGUTKAR, AGE. 61 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR. 8. SMT. JAYA PANDURANG KALAGUTKAR, (SINCE DECEASED SURVIVED BY HER L.R’S RESPONDENTS NO.3 TO 8 HEREIN) SRI. SANDEEP PANDURANG KALAGUTKAR, AGE. 63 YEARS, OCC. BUSINESS, R/O. MAJALI, TAL. AND DIST. KARWAR. 9. 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. 10. 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. 11. 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. …RESPONDENTS 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., - 3 - NC: 2025:KHC-D:346 MFA No. 101498 of 2023 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. 2. The said memo and the submission of the appellant are placed on record. 3. Accordingly, the appeal is dismissed as withdrawn reserving liberty to prefer appeal before the Jurisdictional Court. 4. The period spent in prosecuting the appeal before this Court is excluded as per Section 14 of the Limitation Act for the purpose of limitation. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 2 Sl No.: 5