Although this appeal was listed in the orders list, with the consent of learned counsel appearing for both the parties, it was taken up for final disposal.

Appellant, aggrieved by the order of the learned Single Judge dated 14th February 2012 passed on I.A.Nos. 1 and 2 of 2012 filed in W.P.No.536 of 2006 (SCST) has preferred this writ appeal. By the said order the learned Single Judge has dismissed I.A.No.1/2012 filed under Section 5 of Limitation Act and I.A.No.2/2012 filed under Section 151 of CPC.

2. We have heard the learned counsel appearing for the parties and perused the order impugned in the appeal.

3. Facts leading to this appeal are stated as under:

An extent of 5 Acres 15 Guntas of land in Sy.No.20 of Karisiddanahalli village, renumbered as Sy.Nos.40/P1 and 40/P2, measuring 2 Acres 35 Guntas and 2 Acres 30 Guntas, respectively, hereinafter referred to as ‘land in question’ was granted to one Kariyaiah, S/o. Hanumaiah, herein after referred to as ‘Grantee’ by the Assistant Commissioner as per the order of Grant No.SDR/65/5657 dated 30th March 1957, with a condition of nonalienation for a period of 15 years. The Grantee died as issueless. After his death, one Sidd