IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MS. JUSTICE JYOTI M

REVIEW PETITION NO. 429 OF 2025

BETWEEN:

SMT. V.MALA,

W/O SHIVASHANKAR,

AGED ABOUT 52 YEARS

R/AT 4^TH WARD, DESHADA PETE,

DODDABALLAPUR - 561203.

…PETITIONER

(BY SRI. MANOHAR V., ADVOCATE FOR

SRI. NAGARAJA S., ADVOCATE)

AND:

1. SRI. LAKSHMI NARASIMHA G.N.,

S/O LATE G.S.NARAYANA RAO,

Di gitally signed

AGED ABOUT 65 YEARS,

by THEJAS

KUMAR N R/AT NO.3, CAR STREET,

DODDABALLAPURA-561203.

Location: HIGH

COURT OF

KARNATAKA 2. SRI M.NAGARAJU,

S/O MUNIBYRAPPA,

AGED ABOUT 73 YEARS

R/AT NO.11, MANCHAPANA HOSAHALLI,

BENGALURU NORTH TALUK - 572129.

3. SRI P.S.RAGHAVENDRA

S/O LATE SADASHIVAIAH,

AGED ABOUT 68 YEARS

R/AT NO 1233, KUCHAPPANA PETE

DODDABALLAPURA - 561203.

…RESPONDENTS

THIS REVIEW PETITION FILED UNDER SECTION 114 OF CPC READ WITH ORDER 47 RULE 1 OF CPC, 1908.

THIS REVIEW PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Manohar V., counsel on behalf of Sri.Nagaraj S., for the review petitioner, appeared in person.

2. The review petition is filed seeking a review the order dated 07.07.2022 passed by this Court in MSA No.72 of

2019.

3. Counsel for the petitioner submits that there is a delay of 1,145 days in filing the petition. Accordingly, an application is filed in I.A.No.1/2025 under Section 5 of the Limitation Act, seeking condonation of the delay. Smt.V.Mala, the review petitioner, has sworn to an affidavit explaining the sufficiency of reason to condone the delay. Counsel submits that the delay caused in filing the petition is neither wanton nor with any malafide intention. Hence, he submits that the delay in filing the petition may be condoned and the petition may be heard.

4. Heard the contentions on the condonation of delay and perused the papers, application and affidavit with utmost care.

5. This review petition presents a compelling case, as it is primarily predicated upon a judicial obiter dictum.

6. Let me see whether the petitioner has made out grounds to condone the delay in filing the petition. Before I answer the point, let us quickly glance through the law of limitation.

The principle enunciated under Section 5 of the Limitation Act is that a Court is vested with judicial discretion to admit an appeal, or an application filed after the expiry of the period of limitation, on sufficient cause being shown for the delay.

It must be remembered that the Court has full discretion to refuse an extension of time, but this discretion, like other judicial discretions, must be exercised with vigilance and circumspection according to justice, common sense, and sound judgment. It must not be exercised in an arbitrary, vague, and fanciful manner. Delay cannot be condoned as a matter of “judicial generosity”. Condonation of delay cannot be claimed as of right.

Having regard to the words “may be admitted" in Section 5, the Court has discretion, even where sufficient cause is shown, in not admitting an appeal/petition filed after time, on the ground that the extension of time under that Section is a matter of concession or indulgence to the appellant/ petitioner who has come late and cannot be claimed as of right.

The proof of "sufficient cause" is a condition precedent for the exercise of the discretionary jurisdiction vested in the Court. What counts is not the length of the delay but the sufficiency of the cause.

The Court should not come to the aid of a party where there has been an unwarrantable delay in seeking the statutory remedy. Any remedy must be sought with reasonable promptitude, having regard to the circumstances.

No doubt, there are authorities to say that the words "sufficient cause" should receive a liberal construction to advance substantial justice. What is sufficient cause cannot be described with certainty because the facts on which questions may arise may not be identical. What may be sufficient cause in one case may be otherwise in another. Hence, the whole thing should be decided with reference to