Lakshminarayana v. Smt. Sukanya
Case brief
What is this about?
Condonation of delay; 603 days' delay in filing RSA No. 132 of 2024 under Sec.100 CPC; registry rebate of 570 days out of total delay of 1174 days; explanation of Covid-19 pandemic, ill-health and misplacement of certified copy held vague, casual and uninspiring; I.A.no.1/2024 rejected; appeal dismissed. Impugned judgment dated 07.08.2020 in RA no.09/2019 (III Addl. District and Sessions Judge, Chikkaballapura) which set aside decree dated 11.12.2018 in OS no.195/2010 (Principal Senior Civil Judge and CJM, Chikkaballapura). Coram: Justice Ravi V Hosmani, High Court of Karnataka, decided 03.02.2026.
What did the court decide?
The registry had already given a rebate of 570 days out of the total delay of 1174 days; for the remaining 603 days the only explanation offered was ill-health and misplacement of the certified copy of judgment and decree, which the Court found vague, casual and failing to inspire confidence; accordingly I.A.no.1/2024 for condonation of delay was rejected.