IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO. 4816 OF 2016 (SC/ST) BETWEEN 1. SMT. MADAMMA W/O CHIKKAPUTTABOVI AGE ABOUT 60 YEARS, 2. C. SURESH S/O CHIKKAPUTTABOVI AGE ABOUT 35 YEARS, NOs.1 AND 2 ARE R/AT LINGAMBUDIPALYA, KASABA HOBLI, MYSURU TALUK AND DISTRICT-571 425.
(BY SRI P NATARAJU, ADVOCATE) AND 1. SMT.C.SARASWATHI W/O LATE MUNINARAYANAPPA AGE MAJOR, 2. SMT. KAVYASHREE W/O LATE MUNINARAYANAPPA, AGED MAJOR, ... APPELLANTS NOs.1 AND 2 R/AT NO.44, 4TH CROSS,CHANDRA EXTENSION, JYOTHINAGAR, BENGALURU-510 003.
3. U.S. SIDDALINGAPPA S/O LATE SIDDALINGAPPA AGE MAJOR, NO.475, 11TH MAIN ROAD, 8TH CROSS, "E" BLOCK, J.P. NAGAR, MYSURU-571 426.
4. CHIKKAPUTTABOVI S/O LATE THIMMABOVI AGE MAJOR, 5. C. CHANDRASHEKHARA S/O CHIKKAPUTTABOVI, AGE MAJOR, NOs.4 AND 5 R/AT LINGAMBUDIPALYA, KASABA HOBLI, MYSURU TALUK-571 425.
6. TAHASILDAR MYSURU TALUK, MYSURU-571 425.
7. THE ASSISTANT COMMISSIONER MYSURU SUB-DIVISION, MYSURU-571 425.
... RESPONDENTS (BY SRI V SREENIDHI, AGA, FOR R-6 & R-7) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN W.P.51867/2015 DATED 29.2.2016.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The appeal is belatedly filed. There is a delay of 241 days.
2. The original grantee conveyed the property in question by executing a registered deed of sale on August 5, 1995.
3. He was the respondent no.4 in the writ petition.
He never challenged the transaction, but set up his wife and son to impugn the transaction.
4. All the courts, in substance, rightly held that this has been a mala fide proceeding to put the purchaser in trouble and to acquire illegal gain.
5. We do not find any merit in the appeal. The application seeking for condonation of delay, being I.A. No.I of 2017 is dismissed.
6. Consequently, the appeal is, also, dismissed.
7. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*