Smt Seetamma W/O Sirasappa ... vs Erappa S/O Maliyappa
2023 Latest Caselaw 5304 Kant

                                                      -1-
                                                              NC: 2023:KHC-D:8341
                                                               MFA No. 102685 of 2020




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 4TH DAY OF AUGUST, 2023

                                                     BEFORE
                             THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                          MISCELLANEOUS FIRST APPEAL NO. 102685 OF 2020 (CPC)
                          BETWEEN:

                              SMT. SEETAMMA
                              W/O SIRASAPPA AKKASALI,
                              AGE: 80 YEARS,
                              OCC: AGRICULTURE AND HOUSEHOLD,
                              R/O. KELOJI STREET,
                              GANGAVATHI,
                              DIST: KOPPAL-583227.
                                                                         ...APPELLANT
                          (BY SRI. KINI NAGPRASAD SURESH, ADVOCATE)
                          AND:
                              SRI. ERAPPA
                              S/O MALIYAPPA
                              AGE: 41 YEARS,
                              OCC: AGRICULTURE,
                              R/O. VADDARAHATTI,
                              GANGAVATHI,
            Digitally
            signed by
            VIJAYALAXMI
VIJAYALAXMI M BHAT
M BHAT      Date:
                              DIST: KOPPAL-583227.
            2023.08.08
            16:30:01 -
            0700



                                                                       ...RESPONDENT

                          (BY SRI. MRUTYUNJAYA TATA BANGI, ADVOCATE)

                               THIS MFA IS FILED U/O.43 RULE 1(D) OF THE CODE OF
                          CIVIL PROCEDURE, AGAINST THE ORDER DATED.05.09.2020,
                          PASSED IN CIVIL MISC.NO.20/2018 ON THE FILE OF THE SENIOR
                          CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
                          GANGAVATHI, REJECTING THE IA NO.I FILED U/SEC.5 OF THE
                          LIMITATION ACT.

                              THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
                          COURT DELIVERED THE FOLLOWING:
                              -2-
                                     NC: 2023:KHC-D:8341
                                      MFA No. 102685 of 2020




                         JUDGMENT

This appeal is filed challenging the dismissal of the

application under Section 5 of the Limitation Act, which

was filed along with petition under Order IX Rule 13 r/w

Section 151 of CPC.

2. The admitted facts would reveal that the suit

was filed for specific performance of the contract where

the agreement alleged to have been executed was Rs.6.00

lakh. Under the circumstances, the appeal does not lie

before this Court. The remedy for the appellant is to

approach the jurisdictional District Court. Under these

circumstances, the appeal is not maintainable.

3. It is noticed that impugned order is passed on

05.11.2020. Copy was applied on 02.11.2020 and copy

was furnished to the appellant on 04.11.2020 and this

appeal is filed on 17.11.2020. It is also requires to be

noticed that the Covid-19 related exemption relating to

limitation was in force from 23.03.2020. Hence, the appeal

filed by the appellant before this Court is in time.

NC: 2023:KHC-D:8341 MFA No. 102685 of 2020

4. If the appeal is filed before the jurisdictional

District Court before 25.08.2023, same should be treated

as the appeal being in time.

5. Registry to return certified copy of the

impugned order and other papers to the appellant, after

retaining photocopies of the same.

Hence, appeal is dismissed.

Sd/-

JUDGE

VMB CT:PA