First appellant challenged the dismissal of application seeking condonation of delay for filing a miscellaneous petition for restoration of specific performance suit. Court held explanation insufficient.
Appeal dismissed; impugned order upholding dismissal of condonation application stands affirmed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 7153 OF 2021 (CPC)
BETWEEN:
R BASAVARAJU S/O RAMEGOWDA AGED ABOUT 53 YEARS R/AT NO.3876/7, III FLOOR RAJAJINAGAR II STAGE B BLOCK, SUBRAMANYANAGARA BENGALURU-560 021
…APPELLANT
(BY SRI. H T NARAYAN., ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
J RAMAIAH S/O LATE JAVARAMESTRI AGED ABOUT 76 YEARS R/AT NO.3876/7, NEW III CROSS RAJAJINAGAR II STAGE, B BLOCK SUBRAMANYANAGARA BENGALURU-560 021
…RESPONDENT
THIS MFA IS FILED UNDER ORDER 43 RULE 1(c) OF CPC, AGAINST THE ORDER DATED: 20.12.2019 PASSED ON I.A. NO. 1 IN MISC. 25096/2016 ON THE FILE OF THE 4TH ADDITIONAL CITY CIVIL LAND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-21), DISMISSING THE I.A. NO.1 FILED UNDER SECTION 5 OF LIMITATION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:43864 MFA No. 7153 of 2021
JUDGMENT
restoration of the suit and also filed an application under Section 5 of the Act to condone the delay of 1799 days in filing the said miscellaneous petition filed for setting aside the dismissal order dated 18.07.2011 in
O.S.No.17148/2006.
the impugned order.
NC: 2023:KHC:43864 MFA No. 7153 of 2021
with the order passed by the trial Court. Hence, I pass the
following order:
ORDER
a) The appeal is dismissed.
Sd/JUDGE
HA
List No.: 1 Sl No.: 57
2 issues framed by the court
Whether a first appellant filed under Order 43 Rule 1(c) CPC against dismissal of application for condonation of delay should be allowed.
Whether plaintiff's explanation for inordinate delay of filing miscellaneous petition for restoration of suit is sufficient to warrant condonation.
2 provisions across 2 enactments
R Basavaraju
J Ramaiiah
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
