Disposed

Shri Shivabasayya Basayya Chippalakattimath v. Shri Mahabaleshwar Basayya Narendramath

Karnataka HC23 Jul 2018RFA/1974/2006

Case brief

AI extract

What is this about?

The High Court condoned a delay of over 3000 days and recalled the dismissal order of an appeal against a specific performance decree. The abatement of the appeal was set aside, and legal representatives were allowed to come on record, conditional upon a ₹2 lakh deposit with the State Legal Services Authority.

What did the court decide?

Condonation of delay; recall of dismissal order; abatement set aside; permission to legal representatives to come on record.

Shri Shivabasayya Basayya Chippalakattimath… — Civil Procedure and Limitation | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH, DHARWAD

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DATED THIS 23^TH DAY OF JULY 2018

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BEFORE

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HON'BLE MRS. JUSTICE K S MUDAGAL

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RFA NO 1974 OF 2006

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BETWEEN

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SHRI SHIVABASAYYA BASAYYA CHIPPALAKATTIMATH AGED 60 YEARS,OCC;BUSINESS,

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R/O KITTUR,

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TQ; BAILHONGAL,DIST; BELGAUM,

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…..APPELLANT

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(By Sri RAVI G SABHAHIT, Advocate)

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AND

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1 . SHRI MAHABALESHWAR BASAYYA NARENDRAMATH AGED 36 YEARSOCC;BUSINESS,R/O GANIGER ONI, SOMAWARPETH KITTUR,TQ;BAILHONGAL, DIST; BELGAUM,

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2 . SMT GIRIJA IRAYYA NARENDRAMATH MAJOR,OCC;BUSINESS,R/O GANIGER ONI, SOMAWARPETH,KITTUR TQ;BAILHONGAL, DIST; BELGAUM,

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SRI BASAVARAJ IRAYYA NARENDRAMATH AGED 33 YEARS,OCC;BUSINESS,R/O GANIGER ONI, SOMAWARPETH,KITTUR TQ;BAILHONGAL, DIST; BELGAUM,

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SRI UDAYKUMAR IRAYYA NARENDRAMATH AGED 30 YEARS,OCC;BUSINESS,R/O GANIGER ONI, SOMAWARPETH,KITTUR TQ;BAILHONGAL, DIST; BELGAUM,

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SRI RAJU GURUSIDDAPPA DEMATTI MAJOR,OCC;BUSINESS,R/O GANIGER ONI, SOMAWARPETH,KITTUR TQ;BAILHONGAL, DIST; BELGAUM,

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... RESPONDENTS RFA FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 31.07.2006 PASSED IN OS.NO.13/2000 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) BAILHONGAL, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. IN TIME CF SUFFICIENT/ IN SUFFICIENT I.A.1/07 FOR STAY I.A.1/07 FILED PRAYING TO STAY THE OPERATION, EXECUTION AND FURTHER PROCEEDINGS PURSUANT TO THE JUDGEMENT AND DECREE DATED 31.07.2006 PASSED BY THE CIVIL JUDGE (SR.DN.) BAILHONGAL IN OS.NO.13/2000, PENDING DISPOSAL OF THE APPEAL, IN THE INTEREST OF JUSTICE.

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This appeal coming on for orders this day, the Court made the following;

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ORDER ON I.A.Nos.1 to 5 of 2017

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Defendant No.6 was the purchaser of suit property. Pending the suit before the trial Court, the trial Court granted the decree for specific performance of contract and held that the sale agreement and the sale deed executed by first defendant are not binding on the plaintiff. Against such judgment and decree, the sixth defendant filed this appeal. This Court on 14.10.2008 ordered for dismissal of the appeal for not filing the paper books.

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Thereafter appellant is reportedly dead on 19.02.2011.After 10 years of dismissal of the appeal, the heirs of the appellant come up with these applications to recall the order of dismissal dated 14.10.2008 for condonation of delay in filing application to come on record as legal representatives of the appellant and for setting aside the abatement. The reasons assigned in the applications for their lapses are very bald. Despite that to grant an opportunity this Court is inclined to allow such applications putting them to stringent terms.

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Therefore, the delay of 3077 days in filing the application to recall the order dated 14.10.2008 is hereby condoned, the order of dismissal dated 14.10.2008 is recalled, the delay in filing the application to bring the appellant’s legal representatives on record is condoned, the abatement of appeal due to the death of appellant is set aside they are permitted to come on record as the legal representatives of the appellant, subject to the appellant depositing cost of Rs.2,00,000/- payable to the State Legal Services Authority within four weeks from the date of this order. I,A Nos.1 to 5 of 2017 are disposed of accordingly.

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If the above said condition is not complied, the appeal shall stand dismissed automatically.

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SD/JUDGE

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Note:- As per endorsement made in the order sheet dated 19/06/2019, the Advocate for the appellant has not complied the order dated 23.07.2018. Hence, this RFA No. 1974/2006 stands dismissed automatically as per the Court Order dated 23.07.2018.

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BY ORDER OF THE COURT

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SD/-

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ASSISTANT REGISTRAR .

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T- By: -psl

Shri Shivabasayya Basayya Chippalakattimath v. Shri Mahabaleshwar Basayya Narendramath

Case brief

What is this about?

What did the court decide?

Shri Shivabasayya Basayya Chippalakattimath v. Shri Mahabaleshwar Basayya Narendramath

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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