1998 A I H C 2202 ::(1999) 6 Kant LJ 297

Karnataka High Court

Hon'ble Judge(s): H. N. Narayan , J

(A) Karnataka Land Revenue Act , S.128— Mutation - Entries hae no legal sanction - Unless made in confirmity with S. 128. (Para 6) (B) Karnataka Land Revenue Act (1964) , S.136(2)— Appeal against mutation order - Filed after 12 years - Allowed by Asstt. Commissioner - Without condonation of delay - Order is liable to be quashed. Limitation Act (1963) , S.5— It is settled law that unless the Courts condone the delay in filing the proceeding before it, the Court does not get jurisdiction to entertain a proceeding. An appeal against mutation entry was filed under S. 136(2), after a lapse of 12 years from the date of mutation. Appeal was allowed without considering the question of limitation. There was no remark in the order of Assistant Commissioner, regards condonation of delay. The impugned order passed without condonation of delay is liable to be quashed. (Para 3 8) .....