An application for companydonation of delay was filed in the said appeal being IA No.1 of 2005 which, by reason of a judgment dated 24.10.2005 was allowed.
As indicated hereinbefore, the same was barred by 2487 days.
The brother of Madwaramanachar, father of the appellant, was admitted to S.D.S. TB Hospital at Bangalore.
An application for grant of succession certificate was filed by the father of the appellants on 24.8.1981.
The said articles were handed over to the hospital authorities wherefor an acknowledgment was issued.
Amount in syndicate Bank, Shimoga Koppa, S.B. Account No.7/89 folio 4289/17 with interest Rs.19379 59 Gold Articles belonging to deceased in deposit in the Hospital at Bangalore.
Amount in Syndicate Bank, Shimoga S.B. Account No.27717 Ledger Folio No.30 with interest Rs.318 65 3.
After his death, the father of the appellant requested the hospital authorities to hand over the obsquecies seized wherefor a written request was made on 9.6.1981.
Delivery of the articles was insisted before handing over the dead body.
An execution case was filed in the year 2003 for execution of the said decree.
She, allegedly left behind one Basavarajappa, who is said to be her adopted son.
3325 OF 2008 Arising out of SLP C No.7452 of 2006 B. Sinha, J. Leave granted.
By an order dated 5.7.1991, succession certificate was granted in favour of the appellant in respect of the following 1.
She expired during the pendency of the said proceedings.
In the said proceedings, one Gowramma, wife of the deceased, was impleaded as a party.
REPORTABLE CIVIL APPEAL NO.
The High Court by reason of its judgment dated 1.12.2005 pointed out various deficiencies in the said decree and opined that the judgment and decree passed by the learned Trial Judge was number sustainable in law, stating No urgency was shown for filing the suit in terms of sub section 2 of Section 80 of the Code of Civil Procedure Smt.
Before the learned Trial Judge, numberwritten statement was filed by the State.
Amount in vijay Bank Togarsi B. Account No.309 with interest Rs.5 00 2.
Upon receipt of the summons from the executing companyrt, a first appeal was preferred by the State of Karnataka.
Gram Mgs One Sudarshan ring 11 700 One Ring with red Stones 5 300 One Finb sing shigd stones 6 600 One Bar 46 800 39 450 Cash 160 00 Despite production of the said succession certificate, the hospital authorities did number return the said articles and documents to the appellants father, whereupon a suit in the companyrt of Additional City Civil Judge, Bangalore seeking a direction to the hospital authorities defendants to hand over the articles to the appellants or in alternative pay the value thereof which was assessed at Rs.45,000/ was filed No numberice under Section 80 of the Code of Civil Procedure, however, was served upon the State.
The Superintendent of the said hospital passed an order that the articles kept by the father of the appellants must be delivered back to the hospital authorities for being kept in a safe custody so as to enable them to deliver the same to the persons entitled therefor.
All the articles from the body of his brother were removed by the father of the appellant.
It was decreed ex parte on decree was passed on 31.10.1997.
This appeal is directed against the orders dated 24.10.2005 and dated 1.12.2005 passed by the High Court of Kanataka at Bangalore whereby and whereunder delay of 2487 days in filing the appeal has been companydoned and the said appeal has been allowed.
The basic fact of the matter is number in dispute.
