Remanded

Sri N D Nagaraju v. Sri M D Puttaiah

Karnataka HC10 Jul 2024MFA/6731/2021

Case brief

AI extract

What is this about?

Appeal against dismissal of an application to restore a land grabbing appeal dismissed for default. On verifying records, the High Court found the Special Court's observation that no delay condonation application was filed incorrect and remitted the matter for reconsideration.

What did the court decide?

Impugned order dated 14.03.2019 set aside; matter remitted to Special Court for reconsideration of the delay condonation application.

Sri N D Nagaraju Vs Sri M D Puttaiah — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:26371-DB MFA No. 6731/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JULY, 2024

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PRESENT

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THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND

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THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6731/2021 (KLGP)

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BETWEEN:

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SRI N D NAGARAJU S/O DODDEGOWDA AGED 53 YEARS NIDTHA VILLAGE AND POST SHANIVARSANTHE HOBLI SOMAVARPETE TALUK KODAGU DISTRICT …APPELLANT

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(BY SRI.K.N.NITISH, ADVOCATE FOR SRI. K V NARASIMHAN, ADVOCATE)

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AND:

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Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

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SRI M D PUTTAIAH S/O DEVAIAH AGED 56 YEARS MANUGANAHALLI, NIRUGUNDA POST KADILEPETE HOBLI SOMAVARPETE TALUK KODAGU DISTRICT

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SRI H NANJAIAH S/O MARIAIAH AGED 61 YEARS GOPALAPURA VILLAGE AND POST SHANIVARASANTHE HOBLI SOMAVARPETE TALUK KODAGU DISTRICT

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DHANYA KUMAR S/O ANDANAIAH AGED 61 YEARS

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2 - NC: 2024:KHC:26371-DB MFA No. 6731/2021

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SRI PUTTARAJ S/O ANDANAIAH AGED 26 YEARS

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R3 AND R4 ARE R/A GOPALAPURA VILLAGE AND POST SHANIVARASANTHE HOBLI SOMAVARPET TALUK KODAGU DISTRICT

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STATE OF KARNATAKA BY ITS PRL. SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, BANGALORE – 560 001 (CAUSE TITLE AMENDED AS PER COURT ORDER DATED:18.06.2024) … RESPONDENTS

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(BY SRI.D.RAGHU PRAKASH, ADVOCATE FOR R3; R1, R2, R4 ARE SERVED; SRI.MANJUNATHA RAYAPPA, AGA FOR R5)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 17-A (1) OF KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 R/W ORDER 43 RULE 1 CPC, PRAYING TO SET ASIDE THE ORDER DT.14.3.2019 PASSED IN MISC.NO.06/2019 AND L.G.C.(T) NO.730/2018 DT.05.11.2018 ON THE FILE OF THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU.

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, K.S.MUDAGAL J. , DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned AGA submits records of the proceedings in L.G.C.(T) No.730/2018 and Misc.No.6/2019. The said records show that in Misc.No.6/2019, the appellant had filed application under Section 5 of the Limitation Act with verifying affidavit. That matches with certified copies of the application and affidavit submitted by the appellant in these proceedings.

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3 - NC: 2024:KHC:26371-DB MFA No. 6731/2021

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Heard both sides.

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The Special Court by the impugned order has

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dismissed the Misc.No.6/2019 filed by the appellant for recalling dismissal of the appeal in L.G.C.(T) No.730/2018 and for restoration of the said appeal on the sole ground that there was delay of 24 days in filing the appeal and petition is not supported by the delay condonation application.

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On verification of the records, the said observation is found incorrect. Therefore, the impugned order dated 14.03.2019 dismissing Misc.No.6/2019 is hereby set aside and the matter is remitted back to the Special Court for reconsideration.

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The Special Court shall hear the parties on the said condonation application and proceed in accordance with law.

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Records submitted by the learned AGA is returned to him.

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Sd/JUDGE

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Sd/JUDGE

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PKN List No.: 1 Sl No.: 11

Sri N D Nagaraju v. Sri M D Puttaiah

Case brief

What is this about?

What did the court decide?

Sri N D Nagaraju v. Sri M D Puttaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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