Case brief
What is this about?
Karnataka High Court (Bengaluru), CRP No. 5 of 2020, V SRISHANANDA J, decided 17.10.2025. Civil revision petition under Section 115 CPC challenging condonation of a 9 years 23 days delay under Section 5 of the Limitation Act granted on 13.11.2019 by the Senior Civil Judge and JMFC, Sira on I.A.No.1 in R.A.No.35/2014; underlying suit O.S.No.46/1996 for partition and separate possession was decreed in part on 07.10.2005; delay attributed to post-decree compromise talks categorically admitted by the revision petitioner in her examination as RW1 before the First Appellate Court; High Court held the 'isolated admission' argument could not be countenanced, noted immovable property rights were at stake, maintained the condonation, but enhanced costs from Rs.2,000/- to Rs.25,000/- and made payment a condition precedent for further appeal proceedings. Keywords: condonation of delay; sufficient cause; Section 5 Limitation Act; Section 115 CPC; categorical admission in cross-examination; RW1; enhancement of costs; condition precedent; final decree proceedings; partition suit.