MR BASAVARAJ SON OF BELAGAL RUDRAPPA v. SMT KOLLAMMA W/O BASAVARAJ
RPFC/100157/2024 · 2025-01-29
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6966 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6966 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1860 RPFC No. 100157 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF JANUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 100157 OF 2024
BETWEEN:
MR. BASAVARAJ SON OF BELAGAL RUDRAPPA, AGE: 44 YEARS, OCC. LABOUR COOLIE, RESIDENT OF WARD NO.1, NEAR HAGARIGADDE, BENAKAL VILLAGE, TQ. AND DIST. BALLARI-583117, MOBILE NO.8884734807. …PETITIONER (BY SRI. Y. KOTRESHA, ADVOCATE)
AND:
1.
SMT. KOLLAMMA W/O. BASAVARAJ, AGED ABOUT: 40 YEARS, OCC. HOUSEWIFE,
2.
ERESHI S/O. BASVARAJA, AGED ABOUT 09 YEARS, BOTH ARE R/O. W.NO.01, NER HAGARIGADDE, BENAKAL VILLAGE, TQ. AND DIST. BALLARI-583117,
RESPONDENT NO.2 IS BEING MINOR RESPONDENT NO.1 IS MOTHER AS A NATURAL GUARDIAN SMT. KOLLAMMA. …RESPONDENTS
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, 1984 PRAYING TO, ALLOW THE PRESENT REVISION PETITION, CALL FOR RECORDS AND SET-ASIDE THE ORDER OF
JUDGMENT PASSED ON THE APPLICATION FILED BY THE RESPONDENTS VIDE CRL.MISC. CASE NO.282/2019, DATED 21.12.2020 SHOWN AS ANNEXURE-A PASSED BY THE HONOURABLE PRINCIPAL JUDGE, FAMILY COURT, BALLARI AND GRANT OTHER SUCH RELIEFS AS DEEMED FIT IN THE ENDS OF JUSTICE AND EQUITY.
MANJANNA E Digitally signed by MANJANNA E Date: 2025.02.04 11:08:30 +0530
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NC: 2025:KHC-D:1860 RPFC No. 100157 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH)
This Revision Petition is filed by the respondent in Criminal Miscellaneous No.282/2019 challenging the order dated 21.12.2020 on the file of Principal Judge Family Court at Ballari (for short, hereinafter referred to as ‘Family Court’). Since, there is delay of 823 days in filing the petition, the petitioner has filed IA No.1/2024 under Section 5 of Limitation Act.
2. Taking into consideration the fact that the petitioner herein had entered appearance before the Family Court however, not contested the matter on merits. The said ground urged in the affidavit accompanying application in IA No.1/2024 cannot be a ground to condone the inordinate delay of 823 days in filing the petition. As the petitioner has not given appropriate reasons for condoning inordinate delay in the affidavit accompanying application as ‘sufficient cause’ under
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NC: 2025:KHC-D:1860 RPFC No. 100157 of 2024
Section 5 of Limitation Act, IA No.1/2024 is rejected. Consequently, Revision Petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
SMM LIST NO.: 1 SL NO.: 22