Sri Nanjappa v. Smt. Hanumakka
Case brief
What is this about?
Condonation of delay; Section 5 Limitation Act; sufficient cause; 14 days' delay; liberal approach; medical certificate; ill-health; bed rest advice; Collector of Land acquisition V/s Master katiji (1987) 2 SCC 107; Apex Court precedent followed; rejection of IA.No.2 set aside; restoration of first appeal R.A.No.141/2012; substantial question of law answered in negative; specific performance suit O.S.No.186/2009; sale agreement dated 14.05.2002; Fast Track Court Doddaballapura; Senior Civil Judge and JMFC Doddaballapura; Regular Second Appeal S.100 CPC; Karnataka High Court; refund of court fee Section 64 Karnataka Court Fee Valuation Act 1958; merits left open; contentions kept open.
What did the court decide?
Appeal allowed. Order on IA.No.2 set aside (the operative order recites it as dated 20.11.2022 in R.A.No.144/2012, against 20.11.2012 / R.A.No.141/2012 elsewhere in the judgment - apparent typographical variance preserved as printed). IA.No.2 allowed and delay of 14 days condoned in preferring the appeal. R.A.No.141/2012 restored to its original file. First Appellate Court directed to dispose of the appeal on merits in accordance with law after giving opportunity to both parties; office directed to transmit records. No adjudication on merits; all contentions of the parties kept open. Office directed to refund court fee to the appellant as per Section 64 of the Karnataka Court Fee Valuation Act, 1958.