Venkatamma Limitation

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE AT
DODDABALAPUR
RA.No: /2024
BETWEEN:
Smt. Venkatamma
W/o Late Puttaiah
Aged about 66 years
R/at No.68, Madhurana Hosahalli
Village, Rameshwara Post,
Doddabellavengala Hobli,
Doddaballapura Taluk,
Bangalore Rural District P1 A1
Smt. Jayamma
W/o Muniraju
Aged about 66 years
R/at Lakshmipura Village
And Post, Dasanpura Hobli,
Bangalore P2 A2
Smt. Mangalamma
W/o Kumbegowda
Aged about 61 years
Kalalaghatta Village and Post
Kyangonda Hobli,
Nelamangala Taluk
Bangalore Rural District P3 A3
AND:
Venkataramaiah
S/o Late Venkatappa
Aged about 76 years
R/at. No.53, Byrapura
Arekere Post,
Hesaraghatta Hobli,
Bangalore North Taluk D1 R1
Smt. Indiramma
W/o Late Mutthahanumaiah
Aged about 66 years
R/at Halenahalli Village
Purushanahalli Post,
Maonur Hobli,
Doddaballapura Taluk
And District D2 R2
Smt. Anusuya Devi M @ Anusuya

W/o Hanumantharaju
Aged about 50 years
R/at No.18, Sneha Soudha
Havanur Village, 3rd Main Road,
Near High Tension Line,
Bangalore North Taluk
560078 D3 R3
Smt. Susheelamma M
W/o Rangaswamaiah T.G
Aged about 48 years
R/at No.150/04,
Lakshmiranganatha Nivasa,
Binnamangala, Harishinakunte Post,
Nelamangala Taluk
Bangalore Rural District
562123 D4 R4
Sri. Doddamuthhaiah @ Nagesh H.M
S/o Late Muttuhanumaiah
Aged about 46 years
Basavanahalli Village and Post,
Kasaba Hobli,
Nelamangala Taluk,
562123
Also Residing at
No.36, 6th Cross,
SlV Layout,
Near Nelamangala Railway Station,
Basavnahalli
Nelamangala Taluk
562123
Smt. Shashikala H.M

W/o Vajramuni
Aged about 43 years
R/at No.53,
Byrapura Village,
Arekere Post,
Hesaraghatta Hobli,
Bangalore North Taluk
562123
Smt. Mamatha H.M

W/o Rathna Kumar
Aged about 42 years
R/at No.21, Lakshmi Nilaya,
4th Cross, Harishinakunte Post,
Nelamangala New Town,
Nelamangala Taluk
Smt. Sarojamma
W/o Late Gangadharaiah
Aged about 60 years
R/at 3rd Main, Near Police Station,
Wilson Garden,
Bangalore – 560027
Naveen Kumar @ Yatish

S/o Late Gangadharaiah
Aged about 40 years
R/at Ammabhavani Enterprises,
Karim Sab Layout,
Doddanna Industrial Estate,
Heganahllai East,
Peenya 2nd Stage,
Sri. Harsha
S/o Late Gangadharaiah
Aged about 35 years
R/at 3rd Main, Near Police Station,
Wilson Garden,
Smt. Gangamma
W/o Govindaraju M
Aged about 60 years
R/at Doddabellavangala Village
And Post, Doddabellavangala Hobli,
Doddabalapura Taluk and District
APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT
The appellant above named humbly prays that for the reasons
solemnly affirmed to in the accompanying affidavit, the Hon'ble Court be
pleased to condone the delay of 30 days in filing the above Appeal in the
ends of justice.
Bengaluru
Date Advocate for appellant

AFFIDAVIT
do hereby solemnly affirm and state as follows:
1. I submit that, I am the appellant in the above case I know the
facts of the case Hence I am swearing to this affidavit myself and on
behalf of the other appellants.
2. I submit that, I have filed above appeal aggrieved by the judgment
and decree dated passed by the Senior Civil Judge & JMFC at
Doddaballapura in O.S. No. suo moto rejecting the
plaint under Order 7 Rule 11 , in which I have set out the facts and
grounds upon which I am entitled for the relief sought for which may
kindly be read as part and parcel of this affidavit.
3. I submit that, after passing of the impugned judgment and decree,
I have obtained the certified copies on 24.05.2024 I was searching for
counsel to file an appeal before the High Court of Karnataka. I further

submit I met my counsel and handed over the copies of the judgment
and decree, my counsel informed to bring the necessary documents and
papers of the original suit. I submit that thereafter I handed over the
trial court case file and instructed my counsel to prepare necessary
appeal.
I submit that subsequently my counsel called over the phone and
informed me that the appeal should have to be filed before the District
court in Doddaballapura due to the recent notification and amendment. I
further submit that thereafter my counsel re-drafter the appeal. As such
there was a delay in filing of the above appeal. Hence this affidavit.
I submit that in view of the facts stated above, the delay caused is due
to bonafide reasons and not intentional one. Hence, in view of the facts
stated above, the delay may be condoned. Or otherwise, we will sustain
irreparable loss, damage and injury which cannot be compensated in
terms of money. On the contrary, no hardship or inconvenience is going
to be caused to the Respondents if the delay is condoned.
It is therefore necessary in the interest of justice and good
conscious that this Hon’ble Court be pleased to allow the
accompanying application as prayed for by me in the above case,
in the interest of justice.
I, the deponent above named, do hereby declare and verify
that, what is stated above are all true and correct to the best of
my knowledge, information and belief.
Identified by me,
DEPONENT
Sworn to before me
Advocate
Doddaballapura
Date:

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IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE AT

Smt. Anusuya Devi M @ Anusuya

Smt. Shashikala H.M

Smt. Mamatha H.M

Naveen Kumar @ Yatish

solemnly affirmed to in the accompanying affidavit, the Hon'ble Court be

Date Advocate for appellant

do hereby solemnly affirm and state as follows:

1. I submit that, I am the appellant in the above case I know the

facts of the case Hence I am swearing to this affidavit myself and on

behalf of the other appellants.

2. I submit that, I have filed above appeal aggrieved by the judgment

Doddaballapura in O.S. No. suo moto rejecting the

kindly be read as part and parcel of this affidavit.

3. I submit that, after passing of the impugned judgment and decree,

I have obtained the certified copies on 24.05.2024 I was searching for

counsel to file an appeal before the High Court of Karnataka. I further

and decree, my counsel informed to bring the necessary documents and

trial court case file and instructed my counsel to prepare necessary

I submit that subsequently my counsel called over the phone and

court in Doddaballapura due to the recent notification and amendment. I

further submit that thereafter my counsel re-drafter the appeal. As such

stated above, the delay may be condoned. Or otherwise, we will sustain

irreparable loss, damage and injury which cannot be compensated in

terms of money. On the contrary, no hardship or inconvenience is going

to be caused to the Respondents if the delay is condoned.

It is therefore necessary in the interest of justice and good

conscious that this Hon’ble Court be pleased to allow the

accompanying application as prayed for by me in the above case,

in the interest of justice.

I, the deponent above named, do hereby declare and verify

my knowledge, information and belief.

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