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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. SANDESH
Tahsildhar – Appellant
Versus
K.R Rajagopal – Respondent
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 appellants contend that the suit is filed for the relief of adverse possession as against the Government, but in the case on hand, only there was 27 years i.e., less than 30 years and while seeking the relief of adverse possession against the Governmen
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.
Government litigation must adhere to the same standards for condonation of delay as private parties, with negligence and casual inaction being inadequate justifications.
The main legal principle established is that delay in filing appeals should be condoned when sufficient cause is shown, especially to advance substantial justice. The discretion to condone delay shou....
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