Sri Basappa v. Sri. Basavarajappa
Case brief
What is this about?
condonation of delay; 667 days delay; delay and laches; sufficient cause; Section 100 CPC; regular second appeal dismissed at threshold; no medical records produced; ill-health plea by aged appellant; procrastination; limitation applied with rigour; Chennai Metropolitan Water Supply and Sewerage Board v. T.T.Murali Babu 2014(4) SCC 108; Majji Sannemma @ Sanyasirao v. Reddy Sridevi (2021) 18 SCC 384; Basavaraj v. Special Land Acquisition Officer (2013)14 SCC 81; Lingeswaran v. Thirunagalingam SLP(C) 2054-2055/2022; declaration of title; perpetual injunction; Sy.No.67 Gajanur Mullakere village Shivamogga; Darkhast grant; sagavali chit; 16 guntas encroachment; O.S.No.537/2009; R.A.No.6/2019; I.A.No.1/2025; I.A.No.2/2025; Justice Ashok S.Kinagi; Karnataka High Court.
What did the court decide?
The defendant, despite pleading ill-health, produced no medical records; the delay of 667 days in approaching the Court was inordinate and not satisfactorily explained.