The High Court of Karnataka dismissed an application for condonation of delay in filing a regular second appeal. The court held that four years of silence constituted insufficient cause for condoning a 2283-day delay.
Application for condonation of delay dismissed; Regular second appeal dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 140 OF 2023 (DEC/INJ)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDENTS OF HOSADODDI VILLAGE KYLANCHA HOBLI RAMANGARA TALUK AND DISTRICT.
…APPELLANTS
(BY SRI VINOD PRASAD, ADVOCATE THROUGH VC)
AND:
ALL ARE RESIDENTS OF HOSADODDI VILLAGE KYLANCHA HOBLI RAMANAGARA TALUK AND DISTRICT.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.08.2014 PASSED IN R.A.NO.107/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.09.2012 PASSED IN O.S.NO.286/2010 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, RAMANAGARA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:32447 RSA No. 140 of 2023
JUDGMENT
Heard the learned counsel for the appellants on I.A.No.1/2023.
NC: 2023:KHC:32447 RSA No. 140 of 2023
advocate. Hence, no sufficient cause is shown in the affidavit to condone the delay of 2283 days in filing the appeal and each day delay has to be explained since, the appellants have kept quiet for a period of nine years. Therefore, I do not find any ground to condone the delay of 2283 days in filing the appeal.
Accordingly, I.A.No.1/2023 is dismissed. Consequently,
the appeal is also dismissed.
Sd/JUDGE
ST
List No.: 1 Sl No.: 39
1 issue framed by the court
Whether sufficient cause is shown for condonation of a delay of 2283 days in filing a regular second appeal.
Sri Chikkegowda @ Thammaiah S/o. Late Chikkegowda
Sri Yogehsa S/o. Chikkegowda @ Thammaiah
Sri. Balakrishna S/o. Chikkegowda @ Thammaiah
Smt. Mamatha D/o. Chikkegowda @ Thammaiah
Sri Sathisha S/o. Late Krishnegowda
Smt. Sharada W/o. Narasimharaju D/o. Late Krishnegowda
H.P. Sandesh
As recorded by the court registry
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