Kempakka v. Gangaiah
Case brief
What is this about?
Second appeal challenging concurrent decrees granting plaintiff a one-fourth share in granted land. Delay of 2997 days was not sufficiently explained; condonation application dismissed on grounds of delay and laches.
What the court decided
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NC: 2024:KHC:32722 RSA No. 259 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 259 OF 2015 (INJ)
BETWEEN:
KEMPAKKA D/O HUCHANARASIAH, AGED 76 YEARS, R/AT KYATHASANDRA VILLAGE, URDIGERE HOBLI, TUMKUR TALUK & DISTRICT.
…APPELLANT
(BY SRI. H.S. RAMA MURTHY, ADVOCATE)
AND:
Issues for consideration
1 issue framed by the court
Whether the delay of 2997 days in filing the regular second appeal should be condoned under Section 5 of the Limitation Act.
Parties & counsel
- appellant
Kempakka D/o Huchanarasaiah
- respondent
Gangaiah S/o Narasamma (since dead by his legal representatives)
- respondent
Kalli Thimmaiah S/o Narasamma
- respondent
Kempakka D/o Narasamma
- respondent
Marakka W/o Mahalingaiah
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- RSA/259/2015
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