Revision against dismissal of an application under Section 5 of the Limitation Act to condone a 131-day delay in a miscellaneous appeal. The High Court held unexplained periods before and after pendency of the related writ petition justified refusal of condonation and dismissed the petition.
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 18TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 163 OF 2022 (RES)
BETWEEN:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
PETITIONER NO.3 TO 5 ARE R/AT NO.55, MARKET ROAD, BANNUR TOWN, T NARASIPURA, MYSURU - 571 110.
…PETITIONERS
(BY SRI JAGADEESH C.M., ADVOCATE)
AND:
CHIKKAMMA D/O LATE THULASAMMA SINCE DEAD BY LR’S.
RESPONDENTS 1 & 2 ARE R/AT HOSAKERI BANNUR TOWN T. NARASIPURA TALUK MYSURU - 571 110.
…RESPONDENTS
(BY SRI GAURAV G.K., ADVOCATE)
THIS CRP IS FILED UNDER SECTION 115 OF CPC PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE HON’BLE VII ADDL. DISTRICT JUDGE ON 22.02.2022 AND DIRECT THE LEARNED DISTRICT JUDGE TO CONSIDER THE MAIN MATTER ON MERITS IN DISPOSING OF THE APPEAL IN M.A.NO.39/2019, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the
following reliefs;
M.A.No.39/2019, in the interest of justice and equity.
period taken till the disposal of the writ petition has to be discounted. The Misc. Appeal has been filed on 21.11.2019 was within 40 days from the date of the order in WP No.12810/2018 and as such it is within time and on that ground, he submits that the impugned order passed by trial Court is required to be set aside.
WP No.12810/2018 was pending before this Court, which could be discounted.
Sd/JUDGE
SR
List No.: 1 Sl No.: 52
1 issue framed by the court
Was the delay of over 131 days in filing MA No.39/2019 properly condonable given the discount for time spent prosecuting WP No.12810/2018?
2 provisions across 2 enactments
Lakshmaiah S/o Late Javara alias Chikkaiah
Biligiri S/o Late Rangaiah
Ninagamma W/o Late Siddegowda
Nagaraj S/o Kate Siddegowda
Devegowda S/o Late Siddegowda
Chikkamma D/o Late Thulasamma (since dead by LRs)
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
