In RSA No. 1466 of 2021, the Karnataka High Court dismissed the regular second appeal for lack of condonation of delay. The appellant failed to explain a delay of 1107 days between the dismissal of the first appeal in 2016 and the filing of the present appeal in 2021.
Application for condonation of delay rejected; appeal dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1466 OF 2021 (INJ)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
REP. BY HIS POWER OF ATTORNEY HOLDER SRI SIDDARAJU S/O LATE BASAVARAJAPPA AGED ABOUT 51 YEARS R/AT. SAMPIGEHALLI VILLAGE BANNERUGHATTA VILLAGE ANEKAL TALUK BANGALORE DISTRICT BANGALORE-560 083
…APPELLANT
(BY SRI. MANJUNATHA M.V., ADVOCATE)
AND:
…RESPONDENT
RSA No. 1466 of 2021
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.12.2016 PASSED IN R.A.No.52/2008 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, ANEKAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 19.11.2008 PASSED IN O.S.No.663/2006 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, ANEKAL.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the appellant on I.A.No.1/2021 for condonation of delay of 1107 days in filing the appeal.
RSA No. 1466 of 2021
Bengaluru, the respondent was refrained from making any kind of claim or interference in the schedule property against the plaintiff/appellant. It is further sworn to that in view of appellant’s continuous possession without any disturbance, there was no occasion for challenging the impugned judgment. To evidence the same, it is important to note that the respondent had filed a private complaint in PCR No.144/2009 before the Trial Court against him and the appellant and as could be seen from paragraph Nos.4 and 5 of the private complaint as well as the evidence/sworn statement of the respondent, he has categorically admitted the possession of the appellant including construction made by the appellant in the property. Hence, the delay has to be condoned.
RSA No. 1466 of 2021
13.12.2016. Admittedly, the appeal was filed by this appellant only and the same was dismissed on 13.12.2016. The present appeal is filed on 28.01.2021 and there was a delay of 1107 days in filing the appeal.
RSA No. 1466 of 2021
same is also affirmed by the First Appellate Court. Hence, the contention now before this Court is that the respondent has not interfered with his possession and hence, the appeal was not filed on time cannot be accepted and also each day delay of 1107 days is not explained by the appellant and the appeal was dismissed on 13.12.2016 almost after 5 years this appeal has been filed. The delay application also, does not disclose anything about the delay from the year 2016 to 2021. When such being the case, I do not find any satisfactory ground to consider the delay and in the absence of any valid reasons to condone the delay of 1107 days in filing the appeal and the appellant has also not made out any ground to condone the appeal.
Consequently, the appeal filed by the appellant is also dismissed since there is a concurrent finding of dismissal and also confirming the same when the suit is filed for the relief of permanent injunction.
RSA No. 1466 of 2021
not survive for consideration and the same stand disposed of.
Sd/JUDGE
CP List No.: 1 Sl No.: 37
2 issues framed by the court
Whether the delay of 1107 days in filing the regular second appeal should be condoned.
Whether there are any satisfactory grounds to condone the unexplained delay in filing the appeal.
SRI SHANKARAPPA S/O LATE NANDEESHAPPA
SRI NAGARAJU S/O LATE KEMPEGOWDA
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
