Prakash S/O. Sharanappa v. Ramanagouda
Case brief
What is this about?
High Court rejected a writ petition challenging an appellate court order that condoned an extraordinary 1098-day delay in filing an appeal. The court held the lower court exercised discretion properly by considering the respondent's illness.
What did the court decide?
Writ petition rejected with increased filing cost of Rs. 3,000/- payable by respondent.
What the court decided
- 1 -
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 7TH DAY OF MARCH 2019
BEFORE
THE HON’BLE MR. JUSTICE G.NARENDAR WRIT PETITION NO.110838/2014 (GM-CPC)
BETWEEN
- PRAKASH S/O. SHARANAPPA AGE: 27 YEARS, OCC: AGRICULTURE, R/O: VAJRABANDI VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL.
- BASAVARAJ S/O SHARANAPPA AGE: 22 YEARS, OCC: AGRICULTURE, R/O: VAJRABANDI VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL.
- HULLAPPA S/O MALIYAPPA AGE: 47 YEARS, OCC: AGRICULTURE, R/O: VAJRABANDI VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL.
- HANUMAPPA S/O MALIYAPPA AGE: 42 YEARS, OCC: AGRICULTURE, R/O: VAJRABANDI VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL.
... PETITIONERS
(BY SRI. P G MOGALI, ADV.)
Issues for consideration
2 issues framed by the court
Whether the High Court should quash the lower appellate court order condoning an extraordinary delay of 1098 days in filing an appeal.
Whether the respondent's stated illness and absence hindered his cross-examination requires quashing the appellate discretion.
Parties & counsel
- petitioner
PRAKASH S/O. SHARANAPPA
- petitioner
BASAVARAJ S/O SHARANAPPA
- petitioner
HULLAPPA S/O MALIYAPPA
- petitioner
HANUMAPPA S/O MALIYAPPA
- respondent
RAMANAGOUDA S/O MALANAGOUDA POLICEPATIL
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · March
- Registered
- Case no.
- WP/110838/2014
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