In this revision application, the Karnataka High Court dismissed an application for condonation of delay due to non-prosecution, leading to the dismissal of the underlying petition challenging a Family Court order.
The application for condonation of delay was dismissed for non-prosecution, and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
RPFC No.58/2016
BETWEEN:
MR.C T PONNAPPA SON OF LATE C G THIMMAIAH AGED ABOUT 44 YEARS RESIDING AT B KANNANKAD ESTATE P.B.No.6, POLLIBETTA SOUTH KODAGU – 571 215. ..PETITIONER
(BY SRI H P PUTTANAVASE GOWDA, ADVOCATE-ABSENT)
AND:
SINCE RESPONDENT No.2 AND No.3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN SMT.C VEENA.
2
RESPONDENTS ARE RESIDING AT G-104, I FLOOR, I MAIN 3RD CROSS, 913, GOVARDHAN APARTMENT,LAKSHMIPURAM MYSORE – 570 004.
..RESPONDENTS
(V/O DTD.27.5.2021, NOTICE TO RESPONDENT IS HELD SUFFICIENT)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT READ WITH SECTION 397 OF CR.P.C., AGAINST THE JUDGMENT AND ORDER DATED 21.10.2014 PASSED IN C.MISC. No.137/2009 ON THE FILE OF THE JUDGE, ADDITIONAL FAMILY COURT, MYSORE, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF CR.P.C.
THIS RPFC COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCING THE COURT MADE THE FOLLOWING:
ORDER Counsel for petitioner absent. No
representation.
I.A.1/2016 is filed under Section 5 of the Limitation Act seeking condonation of delay of 443 days in filing the petition.
3
By virtue of non prosecution of I.A.1/2016 for condonation delay, I.A.1/2016 is dismissed.
By virtue of dismissal of I.A.1/2016 for
condonation of delay, petition stands dismissed.
Sd/JUDGE
SBN
1 issue framed by the court
Whether an application for condonation of delay filed belatedly should be admitted given the non-filing/non-prosecution.
3 provisions across 3 enactments
Mr. C T Ponnappa
Mrs. Veena
Master. C P Kewin Thimmaiah
Kum. C P Rishi Ponnamma
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
