SMT RANGAMMA Vs. G.MANOJ KUMAR

JUDGEMENT

(1.) The petitioners seek the review of the order on I.A. No.1/2024 in RFA No.1016/2024. In terms of the said order dtd. 14/6/2024, this Court has dismissed I.A.No.1/2024 filed by the petitioners seeking condonation of delay of nearly 7 years in filing the appeal and consequently, the Regular First Appeal challenging the judgment and decree in O.S. No.55/2015 on the file of Senior Civil Judge, Channarayapattana is dismissed.

(2.) The petitioners urge that the application was dismissed noticing the fact that the petition under Order IX Rule 13 of the Code of Civil Procedure (for short 'Code') filed by the petitioners to set aside exparte decree is also pending consideration before the Trial Court from whose judgment and decree RFA No.1016/2024 was filed.

(3.) The petitioners urge that the time spent in prosecuting application under Order IX Rule 13 of the Code is a sufficient cause to condone the delay in filing the Regular FirstAppeal under Sec. 96 of the Code and law laid down in this behalf in Bhivchandra Shankar More vs Balu Gangaram More and others, (2019) 6 SCC 387 and in N. Mohan vs. R.Madhu, (2020) 20 SC 302 was not brought to the notice of the Court while addressing the arguments on the application at I.A.No.1/2024.