Sri Parmeshwarappa (Since Dead By His Lrs) vs. G. Krishanmurthy (Dead) Through Lrs

ITEM NO.23 <pre>Court 12 (Video Conferencing)</pre> SECTION IV-A SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

IA 124593/2021 & 158612/2021, in Petition(s) for Special Leave to Appeal (C) $No(s)$ . 16010/2021

(Arising out of impugned final judgment and order dated 05-10-2012 in RSA No. 3505/2006 passed by the High Court Of Karnataka At Bengaluru)

SRI PARMESHWARAPPA (SINCE DEAD BY HIS LRS) Petitioner(s)

VERSUS

G. KRISHANMURTHY (DEAD) THROUGH LRS. Respondent(s)

IA No. 124593/2021 - EXEMPTION FROM FILING O.T. IA No. 158612/2021 - RECALLING THE COURTS ORDER

Date: 31-01-2022 This matter was called on for hearing today.

• HON'BLE MR. JUSTICE M.R. SHAH CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA
• For Petitioner(s) Mr. Sampat Anand Shetty, Adv. Ms. Madhusmita Bora, AOR
• For Respondent(s) Prof. Ravivarma Kumar, Sr. Adv. Mr. Subhash Chandra Sagar, Adv. Mr. Hemant Kaumar Sagar, Adv. Mr. E. C. Vidya Sagar, AOR

UPON hearing the counsel the Court made the following O R D E R

IA No. 158612/2021:

The present application has been preferred by the original respondents for recalling the order dated 01.10.2021 by which this Court ex-parte ordered to condone the huge delay of 2717 days in preferring the Special Leave Petition.

Signature Nat Verified Having heard Prof. Raviverma Kumar, learned Senior Advocate $\begin{array}{c}\n\begin{array}{c}\n\text{ally signed} \ \text{by R}\n\end{array}\n\end{array}$ 16.49.50<br>Reesed pearing on behalf of the original respondents and Mr. Sampat Anand Shetty, learned counsel appearing on behalf of the petitioners in the Special Leave Petition and considering the subsequent development which had taken place after the impugned judgment and order passed by the High Court and at no point of time, it was disclosed that against the impugned judgment and order passed by the High Court dated 05.10.2012 any Special Leave Petition was preferred, the order dated 01.10.2021 condoning the delay ex-parte is hereby recalled. The present IA is accordingly allowed.

SLP (C) No. 16010/2021:

There is huge delay of 2717 days in preferring the Special Leave Petition against the impugned judgment and order passed by the High Court. The huge delay of 2717 days has not been properly explained. No sufficient cause has been shown explaining such a huge delay. Even otherwise considering the fact that, after the impugned judgment and order passed by the High Court, further developments have taken place including subsequent filing of one another suit filed by the defendants for decree of permanent injunction which was based on the impugned judgment and order passed by the High Court and the same came to be decreed in favour of the defendants - respondents herein and at no point of time the petitioners disclosed that any special leave petition has been preferred against the impugned judgment and order passed by the High Court, we refuse to condone the delay in preferring the special Leave Petition.

In view of the above, the present Special Leave Petition stands dismissed on the ground of delay.

(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER

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