MUREGAPPA Vs. RUDRAVVA

JUDGEMENT

(1.) The present appeal is filed by the defendant aggrieved by the judgment and decree dtd. 22/7/2015 passed in R.A.No.2/2012 by the Principal Senior Civil Judge, Haveri (hereinafter referred to as "the First Appellate Court" for short) on I.A.No.1 filed under Sec. 5 of the Limitation Act, 1963 read with Order XLIII Rule 3 (a) read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC" for short) dismissing the said application for condonation of delay of 5 years 6 months and against the order dtd. 19/4/2011 passed in Civil Misc.No.3/2008 by the Civil Judge and JMFC, at Shiggaon (hereinafter referred to as "the Trial Court" for short)

(2.) It is the case of the appellant/defendant that the suit in O.S.No.140/1994 was filed by respondent No.1/plaintiff for the partition and separate possession. The said suit was decreed on 10/3/1999 allotting 1/6th share to the plaintiff. Final decree proceedings in FDP.No.3/2002 was initiated in the year 2002 and that on 5/7/2006, the final decree was drawn by the Trial Court. That subsequently an application under Sec. 114 read with Order XLVII of CPC was filed by the plaintiff seeking modification of the share in view of the amendment to Sec. 6 of the Hindu Succession Act, 1956. The said application was allowed by the Trial Court by its order dtd. 19/4/2011, thereby modified the Final Decree dtd. 5/7/2006. Aggrieved by the same, appellant filed Regular Appeal in R.A.No.2/2012.

(3.) Aggrieved by the said order the defendant- appellant herein had filed a miscellaneous appeal in M.A.No.2/2012 before the First Appellate Court, which was also dismissed on 22/7/2015 on the ground of delay.