Smt Thopamma v. v v Smt v J Saraswathi
Case brief
What is this about?
Condonation of delay — 337 days — rejection of I.A.No.1 in R.A.No.112/2012 — Regular Second Appeal under Section 100 CPC — High Court of Karnataka at Bengaluru — H.P. Sandesh, J. — P.W.1's admission of regular attendance at Trial Court through advocate — no medical records produced despite plea of serious illness of defendant No.1 — participation in final decree proceedings — Court Commissioner's demarcation of suit schedule property — appeal filed only after demarcation with intention to scuttle FDP proceedings — no substantive question of law — second appeal dismissed — precedent noted below: 2014 (3) Kar.L.J.633 (Narasimha alias Narsimaiah (since deceased) by his L.Rs v. S. Jagadish and another).
What did the court decide?
The delay of 337 days was not properly explained: the First Appellate Court rightly considered the condonation application and concluded the delay was not explained, there being a number of appellants who took no steps and instead participated in the final decree proceedings, with an intention to scuttle those proceedings, filing the regular appeal only after demarcation of the property.