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NC: 2026:KHC:16651 MFA No. 2680 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

MISCELLANEOUS FIRST APPEAL NO.2680 OF 2017 (CPC)

BETWEEN:

N. RAMACHANDRAIAH S/O NADAKERAPPA, AGED 60 YEARS,

RESIDING AT NO.79/9, KARNATAKA HOUSING BOARD COLONY, II^ND STAGE, 6^TH CROSS, BASAVESHWARANAGAR,

BENGALURU-560079.

…APPELLANT (BY SRI B. RAMESH, ADVOCATE)

AND:

1. THIMMANNA S/O LATE APPAYYANNA, AGED 62 YEARS,

Digitally signed by MAHALAKSHMI B M R/AT ANJANNAGAR, Location: HIGH NEAR SRIGANDHADAKAVALU,

COURT OF YESHWANTHPURA HOBLI, KARNATAKA BENGALURU-560079 2. SRI MUNIYAPPA

S/O LATE APPAYANNA, AGED 58 YEARS, R/AT ANJANANAGAR,

NEAR SRIGANDHADAKAVALU, YESHWANTHAPURA HOBLI, BENGALURU-560079 3. SMT. JAYAMMA

D/O LATE APPAYYANNA, W/O PUTTASWAMAIAH,

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NC: 2026:KHC:16651 MFA No. 2680 of 2017

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AGED 64 YEARS, R/AT SESHAGIRIPURA, MAGADI TALUK

BENGALURU DISTRICT-561101.

4. SMT. KENCHAMMA D/O LATE APPAYYANNA, W/O SRI RAMAIAH,

AGED 60 YEARS, R/AT KENGERI HOBLI, BENGALURU NORTH TALUK-560074.

5. SMT. HANUMAKKA D/O LATE APPAYYANNA, W/O SRI GANGIAH,

AGED 60 YEARS, R/AT ANJANANAGAR, YESHWATHAPURA HOBLI,

BENGALURU NORTH TALUK-560091.

6. SMT. LINGAMMA D/O LATE APPAYYANNA, W/O NARASIMHAIAH,

AGED 53 YEARS, R/AT THATTEKERE VILLAGE, SOLUR HOBLI, MAGADI TALUK, BENGALURU DISTRICT-562127.

7. SMT GEETHA D/O LATE APPAYYANNA, W/O VEERABHADRAIAH,

AGED 51 YEARS, R/AT ANJANANAGAR, YESHWANTHAPURA HOBLI,

BENGALURU NORTH TALUK-560091.

8. SRI SHIVANNA S/O LATE APPAYYANNA, AGED 60 YEARS,

R/AT SRIGANDHADAKAVALU, YESHWATHPURA HOBLI, BENGALURU NORTH TALUK-560079.

APPAYYANNA SINCE DECEASED REPRESENTED BY HIS

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NC: 2026:KHC:16651 MFA No. 2680 of 2017

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LEGAL REPRESENTATIVES RESPONDENT NOS.1 TO 8 HEREIN.

…RESPONDENTS (NOTICES TO R2, R5, R6 & R7 ARE SERVED AND UNREPRESENTED;

V/O. DATED 20.03.2024 NOTICES TO R1, R3, R4 & R8 ARE HELD SUFFICIENT)

THIS MFA IS FILED UNDER ORDER XLIII RULE 1(c) OF CPC., AGAINST THE ORDER DATED 13.01.2017 PASSED IN MISC.NO.129/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE PETITION FILED UNDER ORDER IX RULE 9 OF CPC

AND PRAYED TO RESTORE O.S.139/2005 DATED 21.12.2009.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

The present Miscellaneous First Appeal is preferred

by the petitioner assailing the order dated 13.01.2017 passed in Misc.No.129/2011 by the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (‘Trial Court’ for short), whereby the petition filed under Order IX Rule 9 seeking restoration of O.S.No.139/2005, came to be dismissed on the ground of limitation and lack of

sufficient cause.

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NC: 2026:KHC:16651 MFA No. 2680 of 2017

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Brief facts:

2. The appellant instituted O.S.No.139/2005

seeking specific performance of an agreement of sale dated 20.02.1995 in respect of the land measuring 5 acres 17 guntas situated in Andharahalli Village. In the suit, certain defendants were placed ex parte. The suit was dismissed against some of the defendants on 11.08.2009 for non-prosecution. Subsequently, on 21.12.2009 the suit itself was dismissed for non-prosecution due to the non- appearance of the plaintiff. It is stated by the appellant that the appellant’s counsel who was conducting the case died on 05.09.2009 and this fact was not within his knowledge and he claims that he has come to know about the dismissal only in October, 2011, thereafter he filed Misc.No.129/2011 along with an application under Section 5 of the Limitation Act 1963 (‘Act’ for short) seeking condonation of the delay of 679 days. The Trial Court dismissed the application for condonation of delay and

consequently the restoration petition.

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NC: 2026:KHC:16651 MFA No. 2680 of 2017

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3. Learned counsel for the appellant submits that

the dismissal of the suit occurred due to the circumstances

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