STATE OF KARNATAKA Vs. DHANALAKSHAMMA

JUDGEMENT

(1.) THIS appeal is filed by the State of Karnataka challenging the legality and correctness of the judgment and decree passed by the Second Additional City Civil Judge, Bangalore, dated 6 -3 -1999 in O.S. No. 7896 of 1997. One Smt. Dhanalakshamma wife of H.G. Krishnappa filed the suit to declare her as an absolute owner of 6 acres, 20 guntas of land situated in Survey No. 43 of Valagerehalli Village, Kengeri Hobli and to further declare that the change of revenue entries to her name only to an extent of 1 acre of land as illegal and to grant a permanent injunction to restrain the appellants/defendants from interfering with her possession.

(2.) THOUGH notice was served upon the appellants and Government Pleader was engaged, the case was not contested by the appellants. In the circumstances, the Trial Court considering the evidence let in by the respondent -plaintiff decreed the suit on 6 -3 -1999. Eight years thereafter, the present appeal is filed. Along with the appeal an application is also filed to condone the delay of 3965 days. To condone the delay of 3965 days, the appellant has not shown any cause except stating that there were no sufficient staff and on account of the same the appeal could not be filed.

(3.) ACCORDING to the respondent to set aside the judgment and decree of the Trial Court dated 6 -3 -1999 the petitioner had filed a petition in Misc. Cvl. No. 369 of 1999 which petition came to be dismissed as abated by an order dated 15 -4 -2001. Thereafter, one more petition is filed under Misc. Petition No. 513 of 2001 to recall the order of abatement dated 15 -4 -2001 and the said application is still pending. Without disclosing the filing of application under Order 9, Rule 13 of Civil Procedure Code, 1908 and the dismissal of the same, the present appeal is filed without showing any cause and thus the affidavit filed by Tahsildar is incorrect and liable to be set aside.