Karnataka High Court
Lalitha And Another vs N Kedarnath And Another on 4 June, 2015
Bench: N.K.Patil, Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2015
PRESENT
THE HON'BLE MR. JUSTICE N.K. PATIL
AND
THE HON'BLE MRS. JUSTICE RATHNAKALA
Misc.Cvl.7299 OF 2010
in
M.F.A.No.3056 OF 2010 (MV)
Between:
Lalitha and another
....Appellants
(By Smt. Sheela Krishna, Advocate)
And:
N. Kedarnath and another
...Respondents
(By Sri. F.S. Dabali, Advocate for R-2,
R-1 served and unrepresented)
*****
This Misc.Cvl. is filed under Order 41 Rule 27 read
with Section 151 of C.P.C. praying to condone the delay
of 220 days, in filing the recalling application, in the
interest of justice.
This Misc.Cvl. coming on for Orders this day,
N.K.Patil J., made the following:
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ORDER
Instant application has been filed to condone the delay of 220 days in the filing the recalling application.
Heard the learned counsel appearing for both the parties.
The delay of 220 days in filing the recalling application has been satisfactorily explained in the affidavit filed along with the application, sufficient cause is shown and the same is accepted.
Hence, for the reasons stated in the affidavit filed along with the application, Misc. Cvl.7299/2010 is allowed subject to condition that the appellants are not entitled for any interest for a period of 220 days in the event if they succeed by enhancement.
Sd/-
JUDGE Sd/-
JUDGE snc