Karnataka HC Extends All Interim Orders And The Period Of Closure Under S. 4 Of Limitation Act Till November 29 [Read Notices]

The Division bench led by Chief Justice Abhay Oka said,

"Only with the view to ensure that citizens are not deprived of their right to approach the Courts of law, we propose to exercise our jurisdiction under Articles 226 and 227 of the Constitution of India by issuing certain directions. The directions are required to be issued to ensure that litigants should not suffer on account of their inability to approach the Courts of law."

The court has issued the following directions:

(i) All interim orders passed by the Karnataka High Court, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which are due to expire within a period of one month from today, will continue to operate for a period of one month from today. We, however, make it clear that those interim orders which are not of a limited duration and are to operate till further orders will remain unaffected;

(ii) If the Criminal Courts in the State have granted bail orders or anticipatory bail for a limited period which are likely to expire in one month from today, the said orders will stand extended for a period of one month from today;

(iii) If any orders of eviction, dispossession or demolition are already passed by the High Court, District or Civil Courts, the same shall remain in abeyance for a period of one month from today; (iv) Considering the fact that it will be practically impossible for the citizens to approach the Courts for redressal of their grievances for a period of twenty-one days specified in the order of the Ministry of Home Affairs dated 24th March 2020, we sincerely hope that the State Government, Municipal Authorities and the agencies and instrumentalities of the State Government will be slow in taking action of demolition and eviction of persons.

Further, by order of the Chief Justice of Karnataka, the High Court of Karnataka issued a separate notice notifying that:-

"Considering the fact that the situation created due to pandemic COVID-19 has not yet improved, the period of closure under Section 4 of the Limitation Act, 1963 in respect of the High Court of Karnataka, Principal Bench at Bengaluru and Benches at Dharwad and Kalaburagi, and all the District Courts, Trial Courts, Family Courts, Labour Courts and Industrial Tribunals in the State of Karnataka is hereby extended till November 29, 2020."

It is to be noted that under Section 4 of the Limitation Act, 1963, it has been provided that where the prescribed period for any suit, appeal or application expires on a day when the Court is closed, the suit, appeal or application may be instituted on the day when the Court reopens.

In the Notice issued by the Karnataka High Court (by Order of The Chief Justice), it has been mentioned that from March 26, 2020, only partial functioning of all the District and the Trial Courts in the State of Karnataka as well as High Court of Karnataka was possible due to spread of pandemic COVID-19.

The Notice further states that only with a view to ensure that the litigants should not suffer, an order was passed for closure of all the Courts in the State of Karnataka only for the purpose of Section 4 of the Limitation Act, 1963, which was extended from time to time, as the partial functioning of the Courts continued all throughout.

The Notice specifically clarifies that this extension will not affect the present limited functioning of all the Courts including the High Court of Karnataka in the State of Karnataka as per the prevailing Standard Operating Procedures.

Notwithstanding the extension of closure under Section 4 of the Limitation Act, 1963, the Notice states that all Courts in the State of Karnataka including the High Court of Karnataka will continue to function as per the notified Standard Operating Procedures.