NAGARATHNAMMA Vs. CHANDRASHEKARA SWAMIGALU

JUDGEMENT

(1.) Petitioners being the respondent Nos. 1 & 2 in an appeal in RA.No.22/2017 filed by the first respondent herein are invoking the writ jurisdiction of this Court seeking invalidation of the order dated 13.03.2019 a copy whereof is at Annexure- H, whereby the learned II Additional District and Sessions Judge, Mandya, having favoured respondents I.A.No.1 filed under Order XLI Rule 3(A) of CPC, 1908 on costs, has condoned a delay of 1137 days brooked in filing of the subject appeal.

(2.) Learned counsel for the petitioners vehemently argues that, the impugned order has a demonstrable error of law on its face inasmuch as such an inordinate delay could not have been condoned for the reasons stated in the affidavit supporting the application inasmuch as they do not constitute a sufficient cause at all; while considering the application for condonation of delay, the Court need to look into the merits of the appeal and this having not been done, is another error apparent on the face of the record; and lastly, the very same judgment in appeal was the subject matter of another appeal in R.A.No.12/2014 filed by respondent No.7 herein and that the same has already been disposed off on 31.01.2015 and that despite urgement, this having not been adverted to, the impugned order is infected with yet another apparent error.

(3.) I have heard the learned counsel for the petitioners and I have perused the writ petition papers. I am of the considered opinion that the matter does not merit indulgence at the hands of this Court because: