GANDHI Vs. PARASAPPA AND ORS.

JUDGEMENT

(1.) THE petitioner/plaintiff filed the above revision petition against the order dated 20.03.2014 on I.A. No. 1/2012 made in R.A No. 17/2012, allowing the application filed by the respondents -who are the appellants before the appellate court, under Order XLI Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, with cost of Rs. 500/ -, by condoning the delay in filing the Regular Appeal.

(2.) IT is the case of the petitioner that he had filed a Suit in O.S. No. 143/2001 in respect of the property in question for permanent injunction against the respondents and after contest, the said suit came to be decreed on 10.11.2006. Against the said judgment and decree, respondents filed an appeal in R.A. No. 17/2012 after a lapse of five years two months 23 days, along with an application IA. No. 1/2012 for condonation of delay. Learned Judge after considering the application and objections by the present petitioner has allowed the application by the impugned order and condoned the delay in filing the appeal. Against the said order, the present Civil Revision Petition is filed.

(3.) SRI . R.K. Hatti, learned counsel for the petitioner, has contended that the impugned order passed by the appellate court condoning the delay of more than five years is erroneous and contrary to law and no sufficient reasons are assigned to condone the delay; on that ground alone, the impugned order passed by the appellate court is liable to be set aside.