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,
Bangalore Rural District
562123

Also Residing at
No.36, 6th Cross,
SlV Layout,
Near Nelamangala Railway Station,
Basavnahalli
Nelamangala Taluk
Bangalore Rural District
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
Bangalore Rural District

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,
Bangalore – 560091

Sri. Harsha
S/o Late Gangadharaiah
Aged about 35 years
R/at 3rd Main, Near Police Station,
Wilson Garden,
Bangalore – 560027

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: