YAMANURAPPA AND ORS. Vs. SYED SAB

JUDGEMENT

(1.) The petitioner has filed the above civil revision petition against the order dated 18.06.2012 made in Civil Misc. No. 6/2005 dismissing I.A. No. 1 for condonation of delay and consequently, Civil Misc. No. 6/2005 is also dismissed.

(2.) The facts are not in dispute that original plaintiff Smt. Huligawwa had filed O.S. No. 29/1985 for declaration of title and injunction in respect of Sy. No. 261 new Sy. Number 205 measuring 20 guntas out of 2 acre situated at Koppal town. The said suit came to be renumbered as O.S. No. 29/1994 and during the pendency of suit the original plaintiff died and the present petitioners were brought on record as L.Rs. After contest, the said suit came to be dismissed on merits on 31.08.2000. Aggrieved by the said judgment and decree, the present petitioners filed R.A. No. 8/2000 before the District and Sessions Judge, Koppal. The said R.A. No. 8/2000 came to be dismissed for default on 03.11.2004. Against the said order, the present petitioners filed Misc. No. 6/2005 to restore the order dated 03.11.2004. Unfortunately, the said miscellaneous petition was also dismissed for default on 02.02.2007. Again the petitioner has filed Civil Misc. No. 7/2007 for restoration of Misc. No. 6/2005 and the said case came to be allowed with cost of Rs. 200 on 17.12.2011 and set aside the order dated 02.02.2007 made in Civil Misc. No. 6/2005. The office was directed to restore the Civil Misc. No. 6/2005 to its original file.

(3.) Thereafter, petitioners filed I.A. No. 1 in Civil Misc. No. 06/2005 under Sec. 5 of the Limitation Act, 1963 to condone the delay of 38 days and admit the RA. No. 8/2000 for disposal on merits. After considering the delay application, the Trial Court has dismissed I.A. No. 1 and consequently Civil Misc. No. 06/2005 dismissed on the ground that there is a delay of 38 days in filing the appeal. Against the said order, the present civil revision petition is filed.