SIDDAMMA Vs. BASAVARAJ

JUDGEMENT

(1.) The above revision petition is filed under Sec. 115 of Code of Civil Procedure (hereinafter referred to as "the CPC"), challenging the order dtd. 5/12/2017 passed in R.A.No.101/2016 by the Senior Civil Judge Deodurga (hereinafter referred to as "First Appellate Court").

(2.) Vide order dtd. 5/12/2017 passed in R.A.No.101/2016, the First Appellate Court has allowed the application filed by respondent No.1 who was the appellant in R.A.No.101/2016 filed under Sec. 5 of the Limitation Act condoning the delay of 888 days in preferring the appeal in R.A.No.101/2016.

(3.) It is forthcoming that the Petitioner had filed a suit for partition in O.S.No.86/2012 in the Court of the Civil Judge and JMFC, Deodurga. The said suit was decreed vide judgment and decree dtd. 2/12/2013. Being aggrieved by the same, the respondent No.1 who was arrayed as defendant No.1 in the suit, filed an appeal in R.A.No.101/2016.