Case Note & Summary
The case involves an appeal filed by the Bruhath Bangalore Mahanagara Palike (BBMP) and its Assistant Executive Engineer against an order dated 10.02.2012 passed by a learned Single Judge of the Karnataka High Court. The Single Judge had allowed a writ petition filed by Shobha Developers Ltd. (respondent No.1) and directed the appellants to grant permission for road cutting to lay underground cable. The appellants filed the present intra-court appeal under Section 4 of the Karnataka High Court Act, 1961, along with an application (I.A.No.1/2016) seeking condonation of delay of 1658 days. The court noted that the delay was inordinate and that the explanation provided by the appellants was not satisfactory. The court observed that the respondent had already submitted an application for permission on 03.03.2012 pursuant to the Single Judge's order. The court held that no sufficient cause was shown to condone the delay, and accordingly dismissed the application for condonation of delay, resulting in the dismissal of the appeal as time-barred.
Headnote
A) Limitation - Condonation of Delay - Sufficient Cause - Section 4 of Karnataka High Court Act, 1961 - The appellants sought condonation of 1658 days delay in filing an intra-court appeal against a Single Judge order directing road cutting permission. The court held that the explanation offered was not satisfactory and the delay was inordinate. Held that no sufficient cause was shown to condone the delay, and the application was dismissed. (Paras 2-4)
Issue of Consideration
Whether the delay of 1658 days in filing the appeal should be condoned.
Final Decision
I.A.No.1/2016 for condonation of delay is dismissed. Consequently, the appeal is dismissed as time-barred.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation
- Discretion of court
- Delay defeats equity
