High Court Karnataka High Court

Sharnappa S/O Khandeppa Belam vs Smt Ambawwa W/O Sharnappa Belam on 8 July, 2008

Karnataka High Court
Sharnappa S/O Khandeppa Belam vs Smt Ambawwa W/O Sharnappa Belam on 8 July, 2008
Author: B.S.Patil
3 RsA.Nr:s.1:3:2e96

§N THE HIGH COURT ore' 1"E?adsavaii,
" _ '*z*q.--»A_;and,
"  Dist: Gulbarga
T   _,N¢W at Muddadg',
 Tq: Aland --5'23 101.

. .RE8P(!§I)EN'T



2 RSA.l\§().i 1312006

This Appeal is filed under Section 100 of 
Judgment and Decree dt.2.l2.20{)5 passed can-_ LA;  
U.R.N.__/2005 an the file of the Civil Judgt;~--(.$r..D'I1}»'*A3a_nd;b 
dismissing the application filed 11]  of the: Li3:aitaf.ion' Asst for T
C13 in filing the appeal and consequently ordexjng ia"v-lfilai the '
agpeal memo against the Judgtmentazgd' Decree dt.
passad in O.S.N0.168/2003 O11-the  of t11eAddl.VCiViI§Judgé.
{Jr.£}n) av. JMFC, Aland.  V" V ' ~    l "

This apgcal coming on fox ti1iS'd..ay.,-- like Court
delivered the foilowifigf '  .. f    

This appfiél  "élga:§:1$t"'t'%1a--«;ludgment and Decree:

 {SI';l._"5ii),Vfl Aland. By the impuged
judg,mmVtitAt'1:.e  has dismissed the Appeal

as barred  l   application filed by the appellant

 r   clindvenafion of delay vi' 186 days in preferring

l7    "dismissed.

l."""'«.__V"r§js.pon{f1::3f::A{t is the wife. The respondent Smt.A1nbawwa filed a

0.S.No.168/2003 sccldng award of maintenance. It was
V. .§:§:i1tendec1 by hear that she was legally wedded wife of defendant

‘4 (appellant herein) and that her marriage was celebrated with

‘ appellant herein is the husband and the

the defendant 25 years back. It was fiuther alfieged that the

\.,/

3 RSJ%.kN0.ll3v’2006

defendant-husband had contracted second marriage with ‘~.e ne

Mahadevi of Nimbarga village anti as a xesuit, .

started residing in her parental house. these ‘shoe ” ” *

sought for a judgment and decree for 1j:;ain1e:;.§1ie*e’iI;V’e 0.5} A

Rs.3{}OO/ – per month from the date-9.f sueiie its
appellant herein though mpmsenteel a not
file Written statement. ‘ eeuxt after
recording evidence the suit ex};-arte,

homing that t}1e_” “fru’.:« maintenance of

Rs. 3,560/-g”‘g;:¥ meixfih mg; theéefenéant shall be liable to
pay this the date of suit. It is also

ordered that he a charge on the promrty

defeifiiaat—«bemmg No.14/4/1AA measuring 7

‘ —_

by this judgment and decree the appellant

ggfireferred are xbeiated appeal along with an application seeking

of delay. There was 186 days éelay in preferring

‘ appeal. In the affidavit flied in suppoxt of the application fer

V _ eoeeenafion of delay, the appellant contended that his Advocate

at Aland did not communicate to hire about the progress in the

e

6 R.SA.NO. 1 1312006

against the Advocate in the absence of acceptable inatcnial

cannat be made basis far condoning the deI:%1yf.¢.._ ”

explanation is ofiemti by the defendant for %
except making certain 1:1;:funda.’i”A’Vs;”E}Lega’t;ioL3s§ gigéinét Bilge 9 T
Advocate. in such circumstances, it;

the matter in exercise of its ufulcr’ CFC;

There is no illegality, §¢t aiogaa _ or éppamfit iflegaiity
resulting in failure of for interference.

Hemce this appca§Vi3__dismi§g9_§i? Sd/._

i AAAA “7f kV’ {%% “” Judge

DKB