BORAIAH Vs. H.B. MUNIVENKATAPPA (SINCE DEAD BY HIS L.RS. SHAKUNTLA W/O LATE H.B. MUNIVEKATAPPA AND OTHERS)

JUDGEMENT

(1.) THIS second appeal is preferred by the State of Karnataka and its officials challenging the Judgment and Decree passed by the Lower Appellate Court in R.A. No. 38/2004 wherein it declined to condone the delay in preferring the appeal and consequently dismissing the appeal.

(2.) THE only substantial question of law that arise for consideration in the second appeal is: Whether the Lower Appellate Court has properly exercised the discretion in refusing to condone the delay in preferring the appeal in the light of the law declared by the Supreme Court and consequently dismissing the appeal?

(3.) ONE Smt. Ramakka wife of Shikari Muniyappa and Sri. T. Venkatappa son of Thimmareddy had filed Cases No. 121/1959 -60 and 131/1959 -60 claiming occupancy rights in respect of the aforesaid land before the Special Deputy Commissioner for inams. The said applications were dismissed on the ground that the said land is a tank bed and also reserved land. Captain Thyagarajan also filed an application claiming occupancy rights before the Special Deputy Commissioner which was numbered as case No. 34 of 1976. The same was also rejected on the ground that the schedule land is a tank bed which cannot be re -granted. All these orders rejecting the claims have become final.