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2025 DAILYLAW 22304 (KAR)

The Deputy Commissioner, v. kalavathamma

RP/157/2025 · 2025-04-15

E S Indiresh

Review Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:15704 RP No. 157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH REVIEW PETITION NO.157 OF 2025 BETWEEN: 1. THE DEPUTY COMMISSIONER O/O THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU-572101. 2. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION, MADHUGIRI-572132, TUMAKURU DISTRICT. 3. THE DEPUTY DIRECTOR OF LAND RECORDS, TUMAKURU DISTRICT, DEPUTY COMMISSIONER OFFICE, TUMAKURU-572101. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS, MADHUGIRI,-572132, TUMKURU DISTRICT. 5. THE TAHSILDAR MADHUGIRI TALUK, MADHUGIRI-572132. …PETITIONERS (BY SRI. S.H. RAGHAVENDRA, AGA) AND: 1. SMT. KALAVATHAMMA W/O LATE NARAYANA REDDY, AGED ABOUT 82 YEARS, R/AT ANNENAHALLI VILLAGE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK-572132, TUMAKURU DISTRICT. 2. SRI. LAKSHMIVENKATESHA S/O LATE NARAYANA REDDY, AGED ABOUT 49 YEARS, R/AT ANNENAHALLI VILLAGE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK-572132, TUMAKURU DISTRICT. 3. SRI. BALASUBRAMANYA, S/O LATE NARAYANA REDDY, AGED ABOUT 43 YEARS, R/AT ANNENAHALLI VILLAGE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK-572132, TUMAKURU DISTRICT. …RESPONDENTS YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC:15704 RP No. 157 of 2025 THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC.114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 11.12.2023 PASSED IN WRIT PETITION NO.19233/2023 (KLR- RR/SUR) AND REHEAR THE MATTER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. S. H. Raghavendra, learned AGA for the petitioners. This review petition is filed by the State assailing the order dated 11.12.2023 in Writ Petition No.19233/2023. There is a delay of 441 days in filing the review petition. Hence, I.A.No.1/2025 is filed seeking condonation of delay of 441 days in filing the petition. I have carefully examined the affidavit of Smt. Shirin Taj W/o. Mohammed Irfan Azam working as Tahasildar, Madhugiri Taluk, Tumkuru District. Having perused the entire affidavit, only reasons assigned at paragraph Nos.5 and 6 that, there is a bona- fide reason to review the order. The said reason assigned - 3 - NC: 2025:KHC:15704 RP No. 157 of 2025 in the affidavit accompanying the application cannot be considered as a sufficient cause under Section 5 of the Limitation Act, to condone the inordinate delay of 441 days in filing the petition. It is also to be noted that, it is not the length of delay but cause of delay has to be considered. Cause of delay as stated at paragraph Nos.5 and 6 cannot be accepted as the review petitioner herein was not diligent in pursuing the matter. Accordingly, I.A.No.1/2025 is dismissed, consequently, review petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM LIST NO.: 19 SL NO.: 2