TIPTUR CHATRAM CHARITIES Vs. MANOHAR

JUDGEMENT

(1.) Heard Sri.A.Lourdu Mariyappa, learned counsel appearing for petitioner. Perused the records. Respondent, who is appellant in R.A.No.17/2013, being aggrieved by order dated 17.04.2015 allowing the application filed under Section 5 of the Limitation Act, 1963, with costs quantified at Rs.5,000/-, is before this Court by challenging the said order in the present writ petition.

(2.) Petitioner herein instituted a suit for ejectment of respondent / defendant in O.S.No.96/2005 and said suit came to be decreed by judgment and decree dated 24.08.2012. In order to enjoy the fruits of decree, execution petition was filed.

(3.) On service of notice in execution petition, defendant appeared, challenged the said judgment and decree passed in O.S.No.96/2005. On account of appeal having been filed belatedly i.e., beyond prescribed period and there being delay of 442 days in filing the appeal, an application under Section 5 of the Limitation Act, 1963, came to be filed for condoning the delay vide Annexure-C. In the affidavit supporting application it has been contended by the appellant that he was suffering from infection of kidney and had gone to Bangalore to take rest. Certificate of doctor, who was treating the appellant, was also enclosed to said application.