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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. SANDESH
Tahsildhar – Appellant
Versus
K.R Rajagopal – Respondent
| Table of Content |
|---|
| 1. pleadings and timeline of the case (Para 1 , 4 , 5) |
| 2. arguments regarding delay and adverse possession (Para 2 , 6) |
| 3. analysis of inordinate delay and condonation (Para 3 , 9 , 10 , 11 , 12) |
| 4. dismissal of second appeal noted (Para 8) |
JUDGMENT :
H.P.SANDESH, J.
Heard both the learned counsel on admission. The learned counsel for the respondent would contend that the appellants were represented through the District Government Pleader on 21.06.1997 and objection was also filed to the application filed under Order 39 Rule 1 and 2 of CPC and subsequently, the Trial Court noted that written statement was not filed on 24.07.1998 and thereafter, proceeded to consider the matter and the appellants have not pursued the matter diligently. However, appeal is filed before the First Appellate Court after a delay of 23 years and the First Appellate Court while considering the application in respect of the delay is concerned, observed that the reason assigned in the application is that the plaintiff has sought for the relief of declaration of his title by way of adverse possession against the appellants, who are the State Government and its mechanism.
2. The learned counsel for the
Sufficient cause must be shown for condonation of delay under the Limitation Act; mere bureaucratic negligence is inadequate.
The government must provide a substantial explanation for delays in legal actions, and mere claims of public interest do not justify excessive negligence or inaction.
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
State cannot condone inordinate appeal delays via bureaucratic excuses; unexplained periods and administrative lethargy fail sufficient cause test, binding government to limitation laws equally.
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