DIVISIONAL MANAGER Vs. G.V. MANJUNATHA

JUDGEMENT

(1.) The appellant, while filing the appeal has filed I.A.No.1/2018 praying this Court to condone the delay of 1044 days in filing the appeal.

(2.) Heard the learned counsel for the appellants on I.A.No.1/2018 for condonation of delay of 1044 days in filing the appeal.

(3.) The reason stated in the affidavit accompanying the application particularly, Para No.8 of the affidavit is that the plaintiff had instituted Execution Petition No.132/2013 on the file of the Civil Judge (Jr.Dn.), Davanagere. On receipt of execution notice, they filed objections before the executing Court, so as to bring to the notice of the executing Court that the judgment and decree was not executable. The execution petition was filed on 10/4/2013 and their company filed vakalath on first date of hearing on 29/6/2013 and immediately on the next date of hearing on 27/7/2013, objections were filed. Thereafter, the matter was posted for enquiry under Order 21, Rule 11 of CPC. After several dates of hearing, finally the matter was posted for enquiry on 7/2/2015. After several adjournments, the orders finally came to be passed only on 25/1/2018. The execution petition thus was pending with regard to the issue of maintainability from April, 2013 to January, 2018. Hence, there was a delay of 1044 days in filing the appeal.