RSA No.5103 of 2008
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 2ND DAY OF DECEMBER'
BEFORE iii "C
THE HOBPBLE MR.JUs{1*io#3' 1'3_v.S_.PA'JA.i'.:I_':i.~ 1%
REGULAR SECOND AppEA'1_,No.V_és103'/goes 2 "
BETWEEN: C T V'
The Commissioner, . '~ '_ 5 _4 V
Hub1iDharwad Municipal, T'
Corporation, '~ _ 1 j_
Dharwad. : ...APPE'.I..I..ANT
(By Sri. ':3 . arth; V eate)
S / o_N_araya'na Mudakavi,
Age Maj or,
" - R/at Hf."No'; 1&3, saahankeri,
T GoaVR.ovad,'«D'i1arwad--8. ...RESPONDENT
T-hisviieguiar second appeal is fiied under Section
I00 ofvthe Code of Civil Procedure against the judgment
‘ and_ deéree dated 21.04.2007 passed in R.A.No.48 / 2003
_on_ the file of the Principal Civil Judge (Sr. D11.) 83 CJM,
Dharwad, dismissing the appeal, confirming the
RSA No.5103 of 2008
judgment and decree dated 19.12.2002 passed in
O.S.NO.95/2001 on the file Of the I Additionaiiflivil
Judge (JD) 85 JMFC, Dharwad, decreeing the s’uit’~–fi1*ed
for declaration permanent prohibitory injun;etior1_’_o’and..¢
mandatory injunction. ‘
This regular second appeafvalong Ki
coming on for orders this day, :;the:.Coj:,11″t» d.el’i–ve1?ed_
following: ” -. ”
JUDQQENQ’
There is a delay of in filing’: second
appeal. A A Z
2. The Joint the appellant-
Corpoi1:ati–on “‘a_ffidavit. In paragraph 2 of the
affidavit, that the certified copy of the
pg “””R,A_,pNo.48/2003 (wrongly shown as
in the affidavit) was obtained on
thereafter, the papers were handed
over toi’g_the Corporation by the counsel, however, the
“:i:”‘pape_rs were mixed up with some other file and after
2 thorough Search the concerned officiai got the papers
RSA N0.S;1.03 of 2008
and immediately arrangements were made to send the
papers to the Corporation Advocate at Bangaloreld.
3. The assertions made in the ‘
bald. The affidavit of the concerned §;:’sc§i:’sn¢ep+p_d°’
filed. No dates are mentioned in to
the records were traced were the”
advocate. Such casgal it long and
inordinate delay of this regular
second appeal be so i
Hence the éllfiledlfor condoning the delay
deserves to be7disrnissetfi.lXccordingly, the same is
dismissed. Conseq1iently,~wtlhelappieal is also dismissed.
Sd/W
JUDGE