Swamy vs. U. K Prakash

ITEM NO.26 COURT NO.4 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 48026/2024

[Arising out of impugned final judgment and order dated 18-03-2024 in RSA No.2463/2018 passed by the High Court of Karnataka at Bengaluru]

SWAMY Petitioner(s)

VERSUS

U.K PRAKASH & ANR. Respondent(s)

( IA No.249054/2024-CONDONATION OF DELAY IN FILING )

Date : 14-11-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI

For Petitioner(s) Mr. Pranav Sachdeva, AOR Ms. Neha Rathi, Adv. Mr. Jatin Bhardwaj, Adv. Mr. Abhay Nair, Adv. Mr. Rohit Ram, Adv.

For Respondent(s)

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

Delay condoned.

2. Heard Mr. Pranav Sachdeva, learned counsel appearing for the petitioner.

3. The challenge before the High court was inordinately

Digitally signed by Deepak Joshi Date: 2024.11.16 17:12:06 IST Reason: Signature Not Verified

delayed by 869 days but the counsel for the petitioner submits that the original defendant died on 12.09.2018 and that is the cause for the delay. But it is seen that the Appellate Court's judgment was passed on 30.04.2016 and the limitation period expired during the lifetime of the concerned litigant. The above explanation of the learned counsel is therefore not acceptable. The impugned order dismissing the second appeal on the ground of delay of 869 day accordingly does not suffer from any infirmity.

4. The Special Leave Petition is dismissed. Pending application(s), if any, stand closed.

[DEEPAK JOSHI] [KAMLESH RAWAT] ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR