SMT. LAKKAVVA SHRIMANT HOLKAR Vs. VITTAPPA AND ORS.

JUDGEMENT

(1.) Heard the arguments of the learned Counsels on either side on I. A. No. I of 2001 and carefully perused the case papers including the averments made in the affidavit filed in support of I.A. No. I of 2001 as well as the statement of objections filed by the respondents by way of an affidavit of the 5th respondent.

(2.) This is an application to condone the delay of about two years in filing the civil petition. The application is seriously opposed by the respondent.

(3.) In the affidavit filed in support of I.A. No. I of 2001 by the power of attorney holder to the appellant, it is stated that the appellant had engaged Sri S.K. Joshi, Advocate in the appeal R.F.A. No. 389 of 1994 and she was informed by her Advocate that she need not come to Bangalore and the progress of the case would be informed to her through letter. Thus, she was under the bona fide impression that the progress of the case would be informed to her and she need not worry about the same. But, unfortunately, her Advocate Sri S.K. Joshi had died and Court notice was issued to her. Though she was served with the notice, under the bona, fide impression, she did not get herself represented. Further, due to her old age and paucity of funds, she was not in a position to understand the matter or take any steps. Further, she came to know about the dismissal of the appeal when she received a notice in F.D.P. No. 5 of 2001 filed by the respondents 1 to 5. In this view of the matter, the appellant could not even inform her power of attorney holder. But, however, after arranging funds from her well -wishers and after consulting the local Advocate, steps have been taken to file an application for restoration of appeal. In this process, there is a delay in filing the above application. It is further stated therein that if the delay in filing the application for restoration of appeal is not condoned, the appellant will be put to irreparable loss and injury. But, on the other hand, no such hardship or injury will be caused to the other side if the delay in filing the application for restoration of appeal is condoned. This is the explanation offered by the petitioner herein to condone the delay of about two years in filing the civil petition.