In this Regular Second Appeal, the Court, without condoning the delay of 1477 days in filing the appeal, dismissed the application to condone delay and subsequently dismissed the appeal as it became infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 236 OF 2022
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
REPRESENTED BY APPELLANT NO.3(a) MOTHER NATURAL GUARDIAN.
ALL ARE RESIDENTS OF BELTHUR VILLAGE, KASABA HOBLI, MALAVALI TALUK MANDYA DISTRICT-571 421.
…APPELLANTS
(BY SRI MAHESH B.J., ADVOCATE)
AND:
RESPONDENTS NO.2 AND 3 ARE RESIDING AT NO.31/1, VASANTHAPPA BADAVANE, 5TH MAIN, 2ND CROSS, GANGANAGARA, BANGALORE-32.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.06.2016 PASSED IN
RA NO.172/2011 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.07.2011 PASSED IN OS NO.237/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the appellants counsel on IA No.1/2022 where there is a delay of 1477 days in filing the application to condone the delay and in support of the application, affidavit is sworn to by the first appellant in the second appeal and he has stated that all of them are hailed from rural area, not having much education or knowledge about the legal proceedings and after entrustment of the first appeal to their advocate they were not able to follow the same and dismissal of appeal came to know in the year 2017 and due to illness of their father who was suffering from cancer could not be able to file an appeal and he died on 13.1.2019 and thereafter, his brother also died on 12.9.2021 and hence delay has to be condoned.
knowledge about filing of an appeal and also counsel brought to notice of this Court that earlier suit was filed and preliminary decree was passed and thereafter final decree proceedings was initiated in the year 1989 and father was also party to the said compromise and thereafter mutation was also entered in respect of the properties and properties were also sold and the suit was filed in the year 2006, even though there was a decree in the year 1989 i.e. final decree. The counsel also would vehemently contend that they cannot file a fresh suit and they can execute the decree if it is not executed and also appeal was dismissed in the year 2016 itself and delay has not been properly explained and there is a delay of almost 6 & 1/2 years i.e. 1477 days and the same has not been properly explained and the reasons given are also not satisfactory and the same has to be dismissed on the ground of delay itself.
after lapse of 6 & ½ years of dismissal of the appeal, the present appeal is filed and having knowledge about dismissal of
the appeal in 2017 itself, did not file the appeal immediately and the appeal was filed in February, 2022 and hence, inordinate delay in filing the appeal and the same is not satisfactorily explained by the appellants. Hence, I do not find any ground to condone the delay of 1477 days in filing the appeal.
appeal is also dismissed.
Sd/JUDGE
AP
List No.: 1 Sl No.: 57
1 issue framed by the court
Whether the delay of 1477 days in filing the Regular Second Appeal is satisfactorily explained and should be condoned under Section 100 of the CPC.
1 provisions across 1 enactments
Sri Appaji & Ors.
Smt. Honnamma & Ors.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
