M. RAMAKRISHNA RAO, J.

( 1 ) THESE two writ petitions arising out of the common order made by the learned district Judge, Shimoga District, Shimoga, in Miscellaneous Appeals Nos. 18/1979 and 19/1979 disposed of on 22-2-1985, maybe heard and disposed of by a common order. Hence, I propose to dispose of the same by the following common order:

( 2 ) IN these writ petitions the short question that arises for consideration is,

( 3 ) WHETHER an appeal filed against an order passed under Section 5 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, is maintainable eventhough there is a delay of 1 or 2 days and whether the intervening sunday could be excluded for purposes of reckoning the period of Limitation. My answer is in the negative for the reasons slated hereunder: the matter arises in (his way:

( 4 ) SRI Umapathiappa son of Rudrappa and Sri S. Abdul Rasheed son of Sri Rahim Sahcb, petitioners in these writ petitions, were found to be in occupation of the premises under the control of the Town Municipal Council, Kumsi. Action was taken to evict these persons from the premises invoking Section 5 of the Karnataka public Premises (Eviction of Unauthorised Occup

Click Here to Read the rest of this document