K VENKATACHALA BHAT Vs. KRISHNA NAYAK

JUDGEMENT

(1.) Leave granted.

(2.) By the impugned judgment a Division Bench of the Karnataka High Court refused to condone the delay of 1440 days in filing the writ appeal. The writ petition No. 28336 of 1997 was disposed of by order dated 4.9.1998 by a learned Single Judge of the High Court which was the subject matter of challenge in the Writ Appeal.

(3.) Stand of the appellants before the Division Bench of High Court was that they came to know about the disposal of the writ petition only in the month of 2002 when respondents 2(a) and 2(b) tried to get the Khata changed in their names on the basis of the purported compromise memo filed before learned Single Judge on the basis of which the writ petition was disposed of. It was their specific stand that compromise memo in question was never signed by them. The Division Bench held that the delay was not sufficiently explained.