GUNDAPPA Vs. TOPANNA

JUDGEMENT

(1.) The legal heirs of defendant No.1 and defendant No.2 are assailing the order passed in R.A. No.36/2014 dtd. 2/1/2016 on the file of the Additional District and Sessions Judge, Gadag, whereby the application-I.A.No.1 filed under Sec. 5 of the Limitation Act for condoning the delay of 2 years 5 months 15 days (865 days) in preferring the appeal, consequently dismissing the regular appeal on the ground of delay and confirming the judgment and decree of the Trial Court.

(2.) The parties herein are referred to as per their ranking before the Trial Court for the sake of convenience.

(3.) The plaintiff-respondent filed a suit for partition and separate possession. The said suit came to be decreed on 2/1/2012. Aggrieved by the judgment and decree, the defendants preferred appeal before the first Appellate Court and there was a delay of 865 days in preferring the first appeal, along with the appeal the defendant filed application-I.A.No.1 under Sec. 5 of the Limitation Act seeking to condone the delay in preferring the appeal. The plaintiff filed objections to the said application. The first appellate court after hearing both the parties has held that the defendant has failed to make out satisfactory and acceptable ground for condoning the delay in preferring the appeal and dismissed I.A.No.1 and consequently, dismissed the appeal as barred by limitation.