High Court of Karnataka, Bench of Justice Sreenivas Harish Kumar, dismissed appeals against lower court order granting temporary injunction in partition suit. Court rejected condonation of delay application under Limitation Act Section 5, noting appellant slept over the matter.
IA No.1/2021 dismissed; Appeals against injunction order 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 09TH DAY OF MARCH, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
MFA NO.6768 OF 2021 (CPC) C/W MFA NO.6772 OF 2021 (CPC)
In MFA No.6768/2021
BETWEEN:
Sri N.Muthurayappa, S/o Late Nagappa, Aged about 72 years, Residing at 316, 3rd Cross, 2nd Block, 3rd Phase, 3rd Stage, Banashankari, Bengaluru-560085.
…Appellant
(By Smt. Thanuja M.V., Advocate)
AND:
:: 2 ::
Bengaluru North Taluk, Bengaluru-562157.
:: 3 ::
Sl.No.7 to 10 are R/at Nagadasanahalli Village, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru-560064.
…Respondents
(By Sri M.Ravikumar, Advocate for Sri Prakash T. Hebbar, Advocate for R1)
This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 06.10.2016 passed on I.A.No.IV in O.S.No.652/2014 on the file of the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing I.A.No.IV filed under Order 39 Rules 1 and 2 of CPC.
In MFA No.6772/2021
BETWEEN:
Sri N.Muthurayappa, S/o Late Nagappa, Aged about 72 years, Residing at 316, 3rd Cross, 2nd Block, 3rd Phase, 3rd Stage, Banashankari, Bengaluru-560085.
…Appellant
(By Smt. Thanuja M.V., Advocate)
:: 4 ::
AND:
:: 5 ::
(By Sri M.Ravikumar, Advocate for Sri Prakash T. Hebbar, Advocate)
This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 06.10.2016 passed on I.A.No.I in O.S.No.652/2014 on the file of the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing I.A.No.I filed under Order 39 Rules 1 and 2 of CPC.
:: 6 ::
These MFAs coming on for orders this day, the Court delivered the following:
COMMON ORDER ON
I.A.NO.1/2021 FILED IN BOTH THE APPEALS
Applications as per IA No.1/2021 is filed by the appellant in both these appeals under Section 5 of the Limitation Act, seeking condonation of delay of 1232 days in preferring the appeals.
applications show that the appellant received the suit summon and on the assurance that respondent No.3 would take care of his interest, he did not attend the suit. In the last week of July, 2021, the appellant enquired respondent No.3 about the progress in the suit and since he did not get a proper response from respondent No.3, he made enquiries and came to know that his earlier Advocate had not filed written statement and that the Court had also passed an
:: 7 ::
order of temporary injunction. Then he filed his written statement.
clear that the appellant himself has slept over the matter. Sufficient reasons are not made out for the delay caused in filing these appeals.
Sd/JUDGE
Kmv/-
2 issues framed by the court
Whether sufficient cause exists to condone delay in filing appeals seeking temporary injunction in partition suits.
Whether the appellant's claim of being a purchaser of part of the suit property constitutes sufficient grounds for condoning delay.
4 provisions across 2 enactments
N.Muthurayappa
N.C.Muniyamma
Ammayamma
N.C.Ramaiah
Akkamma
Rathnamma
SREEHARBHA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
