Case Note & Summary
The case involved an appeal against an order dated 4th November, 2006, from the High Court of Karnataka, which dismissed an appeal solely on the grounds of delay. The appellant, Annappa @ Appanna, sought to condone a delay of 872 days in filing the appeal. The Supreme Court noted that despite service, the respondent did not appear to oppose the petition. After reviewing the application for condonation of delay, the court decided to condone the delay on the condition that the appellant deposits Rs.10,000 as costs within four weeks. The court clarified that if the costs were paid, the High Court's order would be set aside, and the appeal would be restored for a decision on merits within four months. The Supreme Court did not delve into the merits of the case, leaving that for the High Court to decide. The civil appeal was disposed of without any order as to costs.
Headnote
A) Civil Procedure - Condonation of Delay - Delay in Filing Appeal - Code of Civil Procedure, 1908, Section Not mentioned - The Supreme Court considered the application for condonation of delay of 872 days in filing the appeal before the High Court and found sufficient grounds to condone the delay, subject to the condition of payment of costs. The court directed that if the costs were paid, the High Court's order would be set aside and the appeal restored for a decision on merits (Paras Not mentioned).
Issue of Consideration
Whether the delay in filing the appeal before the High Court should be condoned.
Final Decision
The Supreme Court condoned the delay in filing the appeal subject to the condition that the appellant deposits Rs.10,000 as costs within four weeks. If the costs were paid, the High Court's order would be set aside, and the appeal would be restored for a decision on merits within four months.
Law Points
- Condonation of delay
- Appeal
- High Court jurisdiction
- Costs
- Merits of the case
