MARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners, assailing the correctness of the impugned order dated 11-6-2008 passed by the First Additional District judge, Bangalore, on I. A. No. 1 in M. A. No. 28/2005 vide Annexure-A and to allow this writ petition by allowing the I. A. No. 1 filed in M. A. No. 28/2005, by calling for record from the file of I Additional District Judge, bangalore Rural District, Bangalore, have presented this writ petition.

(2.) THE brief facts of the case are that petitioners assailing the correctness of the order dated 10th June 1982 passed by the Tahsildar, anekal have filed an appeal before the learned first Additional District Judge, Bangalore rural District, Bangalore, in M. A. No. 28/ 2005 and along with the said appeal, they have filed I. A. No. 1 under Section 5 of the Limitation Act, for condoning the delay in filing the said appeal. The said application had come up for consideration before the Appellate court on 11th June, 2008. The Appellate court, after hearing both sides and after considering the material available on record, specifically, the statement made by the petitioners in the affidavit filed along with the application, has rejected the said application. Being aggrieved by the order impugned passed by the Appellate Court, as referred above, these petitioners felt necessitated to present this writ petition, seeking appropriate reliefs, as stated supra.

(3.) I have heard learned counsel appearing for petitioners and learned counsel appearing for third respondent.