VENKATAPPA Vs. ANJAPPA

JUDGEMENT

(1.) This writ appeal is against the order dtd. 26/8/2021 passed in W.P.No.44551/2016(GM-CPC) by which the writ petition filed by the respondents 1 to 9 herein challenging the order dtd. 9/6/2016 passed in Misc. Appeal No.26/2014 on the file of II Additional District and Sessions Judge, Chikkaballapur has been allowed.

(2.) The above Misc. Appeal No.26/2014 was filed by the appellant herein under Sec. 3(2) of the Karnataka Village Abolition Act in respect of regrant of certain lands and against the order dtd. 30/1/1982 rejecting claim of one Narayanappa, father of the appellant herein. Along with the said appeal an application under Sec. 5 of Limitation Act seeking condonation of delay of 32 years in filing the appeal was also filed. The District and Sessions Judge allowed the application for condonation of delay by order dtd. 9/6/2016 on the premise that no documents were produced to show that the order passed by the Tahsildar has been served on the appellant and that the appellant had the knowledge of the said order only in the month of October 2014. Aggrieved by the said order respondents 1 to 9 herein filed the present writ petition in W.P.No.44551/2016 (GM-CPC).

(3.) Learned Single Judge taking note of the fact that the order of the Tahsildar had been passed against the father of the appellant and that even according to the deposition of the appellant, his father was not only aware of the order of the Tahsildar but had also preferred an appeal against the same which had been dismissed. Learned Single Judge has also extracted the deposition of the appellant at paragraph 3 of the impugned order. Taking note of the above factual aspect of the matter, learned Single Judge has come to the conclusion that the order passed by the II Additional District and Sessions Judge condoning the delay was completely misconceived and accordingly allowed the writ petition by the impugned order. Being aggrieved by the same, appellant is before this Court.