JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. This appeal is directed against the orders dated 24.10.2005 and dated 1.12.2005 passed by the High Court of Kanataka at Bangalore whereby and whereunder delay of 2487 days in filing the appeal has been condoned and the said appeal has been allowed.

3. The basic fact of the matter is not in dispute. The brother of Madwaramanachar, father of the appellant, was admitted to S.D.S. TB Hospital at Bangalore. All the articles from the body of his brother were removed by the father of the appellant. After his death, the father of the appellant requested the hospital authorities to hand over the obsquecies seized wherefor a written request was made on 9.6.1981. The Superintendent of the said hospital passed an order that the articles kept by the father of the appellants must be delivered back to the hospital authorities for being kept in a safe custody so as to enable them to deliver the same to the persons entitled therefor. Delivery of the articles was insisted before handing over the dead body. The said articles were handed over to the hospital authorities wherefor an acknowledgment was issued.

4. An application for grant of succession cert