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HIGH COURT OF KARNATAKA
H.T. NARENDRA PRASAD, J
NANJUNDAPPA SINCE DEAD BY LRS SMT. SHIVAMMA AGED ABOUT 67 YEARS W/O. LATE NANJUNDAPPA – Appellant
Versus
MAHADEVAPPA SINCE DEAD BY LRS SMT. GOWRAMMA AGED ABOUT 77 YEARS W/O. LATE H.S. MAHADEVAPPA – Respondent
| Table of Content |
|---|
| 1. parties filed for partition but faced procedural dismissals. (Para 1 , 2) |
| 2. arguments presented regarding lack of knowledge about proceedings. (Para 3 , 4) |
| 3. court found sufficient grounds for delay and restoration of appeal. (Para 5 , 6) |
| 4. final ruling for restoration of case with conditions. (Para 7) |
JUDGMENT
2. The brief facts of the case are that Nanjundappa and Mallappa have filed a suit for partition and separate possession in O.S.No.74/2004. The suit was dismissed on 11.9.2007. Being aggrieved by the same, the appellants herein have filed a regular appeal in R.A.No.109/2007 before the II Additional District Judge, Mysore. The regular appeal came to be dismissed for default on 29.07.2009 and the Misc.No.67/2013 along with IA for condonation of delay has been filed and the same has been dismissed by order dated 15.10.2015. Being aggrieved by the same, the appellants are before this Court.
4. Per contra, Sri Chakravarthi, the learned counsel appearing for the respondents has contended that the first appellant before the first appellate court - Nanjundappa died on 18.02.2008 and regular appeal has been dismissed on 29.07.2009. The second appellant was alive when
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