Karnataka High Court
Sri. Jayappa Bhimappa Olekar S/O. ... vs The Block Education Officer on 4 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:229
CRP No. 100081 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CIVIL REVISION PETITION NO.100081 OF 2021 (GM-CPC)
BETWEEN:
1. SRI. JAYAPPA BHIMAPPA OLEKAR
S/O. BHIMAPPA OLEKAR,
AGE. 57 YEARS, OCC. AGRICULTURIST,
R/O. YAKLASPUR,
TQ. RANEBENNUR TALUK
HAVERI DISTRICT-582113.
2. SRI. DEVINDRAPPA BHIMAPPA OLEKAR
S/O. BHIMAPPA OLEKAR,
AGE. 55 YEARS,
OCC. AGRICULTURE,
R/O. YAKLASPUR, RANEBENNUR TALUK,
HAVERI DISTRICT-582113.
Digitally ...PETITIONERS
signed by
BHARATHI
BHARATHI HM
HM Date: (BY SRI. SATHISH M.S., ADVOCATE)
2024.01.23
16:30:40
+0530
AND:
1. THE BLOCK EDUCATION OFFICER,
BEO OFFICE CAMPUS,
RANEBENNUR POST AND TALUK
HAVERI DISTRICT.
2. THE GOVERNMENT OF KARNATAKA,
REPRESENTED BY THE DEPUTY COMMISSIONER,
HAVERI POST AND TALUK,
HAVERI DISTRICT.
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CRP No. 100081 of 2021
3. SURESHAPPA BHIMAPPA OLEKAR,
S/O. BHIMAPPA OLEKAR,
AGE. 47 YEARS, OCC. AGRICULTURE,
R/O. YAKLASPUR, RANIBENNUR TALUK,
HAVERI DISTRICT-582113.
4. MAHADEVAPPA SHIVAPPA OLEKAR,
S/O. SHIVAPPA OLEKAR,
AGED ABOUT 47 YEARS, OCC. AGRICULTURE,
R/O. YAKLASPUR, RANIBENNUR TALUK,
HAVERI DISTRICT-582113.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVAR, HCGP FOR R1 AND R2;
NOTICE TO R3 AND R4 DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILE UNDER SECTION
115 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO,
I. CALL FOR THE RECORDS IN RA NO. 60/2018 PENDING ON
THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR. II. ALLOW
THE PETITION THEREBY SET ASIDE THE ORDER PASSED IN RA
NO. 60/2018 DATED 27.07.2021 PASSED BY THE I
ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, RANEBBNNUR MARKED AT ANNEXURE-E.
THIS CIVIL REVISION PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
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CRP No. 100081 of 2021
ORDER
Present revision petition is filed challenging the order
passed on IA No.1 in RA No.60/2018. Wherein, the
application came to be allowed and delay of 820 days in
filing the appeal is condoned by imposing cost of
Rs.1,000/-.
2. The grounds of revision petition would make it clear
that the judgment in OS No.313/2009 came to be passed
on 05.01.2016 and appeal came to be filed on 23.07.2018
whereby there was a delay of 913 days and it was wrongly
mentioned as 820 days. Therefore, trial court ought not to
have allowed IA No.1.
3. There is sufficient force in the argument put forth on
behalf of the revision petitioner that the delay has not
been properly mentioned in the affidavit filed in support of
IA No.1, in RA No.60/2018.
4. In the objections statement filed by the present
revision petitioner, there is a clear mention regarding
NC: 2024:KHC-D:229
delay that the delay is 2 years 6 months and 18 days and
the same is not taken out by the learned First Appellate
Judge while considering the IA No.1 in its proper
perspective, resulting in improper order has been passed
and remaining days of delay is not condoned.
5. Accordingly, a case is made out for interference of
this court.
6. However, taking note of the fact that the learned
Judge in the First Appellate court has referred to the
judgment of the Hon'ble Apex Court in condoning the
delay in the case of O.P. Kathpaliaa Vs. Lakhmir
Singh(dead) and others reported in (1984) 4SCC 661
and also in the case of Land Acquisition, Anantrag &
Anr. V.Mst.Katiji and Ors. Reported in (1987) 2 SCC
107, this court is of the considered opinion that remaining
days of delay also to be condoned on imposing further cost
of Rs.1,000/- on the appellants in RA No.60/2018 who are
the respondents in this revision petition.
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7. More so, having regard to the facts that revision
petitioners are now contesting the regular appeal on
merits before first appellate court.
8. Accordingly, following:
ORDER
i) Revision petition stands disposed of.
ii) Remaining 110 days of delay in filing the
first appeal is also condoned subject to payment
of further cost of another Rs.1,000/- by the
appellants in RA No.60/2018 to the contesting
respondents.
Sd/-
JUDGE
HMB
