AIR 2019 KARNATAKA 119 ::2019 (2) AKR 808 ::(2019) 2 HinduLR 414

Karnataka High Court

Hon'ble Judge(s): B. V. Nagarathna, Bellunke A. S. , JJ

(A) Limitation Act (36 of 1963) , S.5— Civil P.C. (5 of 1908) , S.96— Condonation of delay - Sufficient cause - Delay of 696 days in filing appeal - Plea that appellant was not able to move out of his house as he was suffering from hypertension and arthritis not found to be true and bona fide - Appellant would have filed appeal in time if he had really suffered by judgment and decree - In absence of sufficient cause, delay not liable to be condoned. (Para 10) (B) Hindu Law - Joint family property - Suit for partition - Plaintiff is real sister of defendant - Plea of defendant that his brother and plaintiff had relinquished their rights, titles and interest in suit property by executing consent letter to enter property in his name in revenue records - Alleged consent letter cannot be equated with relinquishment deed in absence of its registration under S.17 of Registration Act - As father of parties died long before amendment of Hindu Succession Act - Plaintiff entitled to partition as per principle of notional partition. Hindu Succession Act (30 of 1956) , S.6— (as substituted by Act (39 of 2005)) Registration Act (16 of 1908) , S.17— (Para 13) (C) Hindu Succession....