IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURSIDICTION

CIVIL APPEAL NO.135 OF 2009 (Arising out of SLP(C)NO.5324/2008)

ANNAPPA @ APPANNA ....APPELLANT

VERSUS

SPECIAL LAND ACQUISITION OFFICER ....RESPONDENT

O R D E R

Leave granted.

This is an appeal directed against an order dated 4th November, 2006 passed

by a learned Judge of the High Court of Karnataka, Bangalore in Misc. First Appeal

No.9905  of  2005,  by  which  the  High  Court,  only on  the  ground  of  delay,  had

dismissed the appeal filed before it.   

Despite  service,  none appeared on behalf of  the respondent to oppose  this

special leave petition.  We have ourselves examined the application for condonation of

delay of  872 days in filing the appeal before the High Court and also facts  and

circumstances of the present case. Having heard the learned counsel for the appellant

and after going through the application for condonation of delay, we are of the view

that the delay in filing the appeal before the High Court may be condoned subject to

the condition that the appellant shall deposit or pay a sum of Rs.10,000/- as cost in

the High Court within a period of four weeks from this date.   

contd...2/-

`::2::

In default of  non-payment,  impugned order of  the High Court shall stand

affirmed.  However, if the aforesaid amount is deposited, impugned order of the High

Court shall stand set aside, Misc. First Appeal shall be restored to its original number

and the High Court shall decide the appeal on merits within a period of four months

from the date of depositing of the cost as directed above.  We make it clear that we

have not gone into the merits of the case which shall be decided by the High Court.

The civil appeal is accordingly disposed of with no order as to costs.

.........................J. (TARUN CHATTERJEE)          

.........................J. (H.L. DATTU)                

NEW DELHI, JANUARY 9, 2009.