LAWS(KAR)-2025-1-149

K.K.MONNAPPA Vs. K.K.POOVAIAH

Decided On January 27, 2025
K.K.Monnappa Appellant
V/S
K.K.Poovaiah Respondents

JUDGEMENT

(1.) The petitioner challenges in this civil revision petition the order dtd. 17/4/2015 passed by Addl. Civil Judge and JMFC, Madikeri, rejecting the I.A. No. II in O.S. No. 113/1999 filed by the petitioner, wherein the petitioner had sought a directive to refer the compromise decree dtd. 18/6/2001, passed by the Trial Court, Madikeri in the said suit for partition and separate possession, for registration in the Office of Sub-Registrar.

(2.) The Trial Court vide order dtd. 17/4/2015 had dismissed the I.A. No. II in O.S. No. 113/1999, observing that there is no provision of authority vested in the Trial Court to direct any authority to register the compromise decree, more so when the said compromise decree was drawn on 18/6/2001 and that the petitioner herein had filed the I.A. No. II after a lapse of 13 years.

(3.) Aggrieved, the petitioner prefers the instant civil revision petition on 3/9/2015. However, the petitioner had failed to array the legal representatives of the deceased respondent No. 1, who had passed away on 25/12/2001, and the I.A. No. 1/2017 filed for condonation of 5637 days of delay in arraying the necessary legal representatives was dismissed by this Court, vide order dtd. 22/6/2024. It was further clarified that respondent No. 1 or his legal heirs would not be bound by any orders passed by this Court.