Dismissed

Sri Basappa v. Smt Muddamma

Karnataka HC23 May 2023RSA/411/2019

Case brief

AI extract

What is this about?

The second instant appeal filed under Section 100 of the CPC seeking condonation of delay. The court found the reasons for the belated application for condonation of delay unsatisfactory and the appellant not diligent. Consequently, the condonation application was dismissed and the appeal was dismissed for non-condonation of delay.

What did the court decide?

I.A.No.3/2022 is dismissed. Resultantly, the Regular Second Appeal is dismissed.

Sri Basappa Vs Smt Muddamma — Civil Procedure and Limitation | Karnataka HC (2023)

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RSA No. 411 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 411 OF 2019 (DEC/INJ)

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BETWEEN:

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SRI BASAPPA SON OF GIRITHIMMAPPA, AGED ABOUT 71 YEARS, RESIDING AT MACHANAYAKANAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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…APPELLANT

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(BY SRI. NARENDRA BABU., ADVOCATE FOR SRI. SIDDAMALLAPPA P M., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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SMT MUDDAMMA WIFE OF LATE SIDDAPPA, AGED ABOUT 75 YEARS, RESIDING AT NAVILEHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT PIN CODE-577 213.

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SRI RAJAPPA SON OF LATE SIDDAPPA, AGED ABOUT 58 YEARS, RESIDING AT NAVILEHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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SRI THIPPESHAPPA SON OF LATE SIDDAPPA, AGED ABOUT 56 YEARS,

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RSA No. 411 of 2019

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RESIDING AT NAVILEHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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SMT MEENAMMA WIFE OF HANUMANTHAPPA, AGED ABOUT 54 YEARS, RESIDING AT AGRADAHALLI VILLAGE, BHADRAVATHI TALUK, SHIMOGA DISTRICT, PIN CODE-577 301.

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SMT RATHNAMMA WIFE OF CHANDRAPPA, AGED ABOUT 52 YEARS, RESIDING AT NAVILEHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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SMT SAKAMMA WIFE OF NAGAPPA, AGED ABOUT 50 YEARS, RESIDING AT SEVANAGARA VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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SMT JAYAMMA DAUGHTER OF THIPPESHAPPA, AGED ABOUT 35 YEARS, RESIDING AT HUNASEGHATTA VILLAGE, CHITRADURGA TALUK AND DISTRICT, PIN CODE-577 501.

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SMT SUSHELAMMA FATHER NAME NOT KNOWN. AGED ABOUT 32 YEARS, RESIDING AT HOLALKERE VILLAGE, HOLALKERE TALUK,

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RSA No. 411 of 2019

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CHITRADURGA DISTRICT, PIN CODE-577 501.

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SMT SUVARNA FATHER NAME NOT KNOWN, AGED ABOUT 35 YEARS, RESIDING AT NAVILEHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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SMT HANUMAKKA WIFE OF CHANRAPPA, AGED ABOUT 66 YEARS, RESIDING AT MACHANAYAKANAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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SMT NETRAMMA WIFE OF CHANDRAPPA, AGED ABOUT 38 YEARS, RESIDING AT AGRADAHALLI VILLAGE, BHADRAVATHI TALUK, SHIMOGA DISTRICT, PIN CODE-577 301.

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SMT NAGAMMA

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WIFE OF HANUMANTHAPPA, AGED ABOUT 37 YEARS, RESIDING AT YEREHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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SMT MUDDAMMA WIFE OF LATE SIDDAPPA, AGED ABOUT 48 YEARS, RESIDING AT NAVILEHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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RSA No. 411 of 2019

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14. SRI RAJAPPA

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SON OF LATE SIDDAPPA, AGED ABOUT 46 YEARS, RESIDING AT NAVILEHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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SRI THIPPESHAPPA SON OF LATE SIDDAPPA, AGED ABOUT 44 YEARS, RESIDING AT NAVILEHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 213.

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16. SMT MEENAMMA

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WIFE OF HANUMANTHAPPA, AGED ABOUT 40 YEARS, RESIDING AT AGRADAHALLI VILLAGE, BHADRAVATHI TALUK, SHIMOGA DISTRICT, PIN CODE-577 301.

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…RESPONDENTS

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(V/O DATED 03.03.2023, R13 TO R16 ARE DELETED)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELEIFS.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.Narendra Babu., learned counsel on behalf of Sri.Siddamallappa.P.M., for the appellant has appeared in person.

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RSA No. 411 of 2019

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The captioned appeal is listed today for orders regarding condonation of delay of 150 days in filing the appeal.

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Learned counsel for appellant submits that the appeal is filed challenging the Judgment and Decree dated:30.06.2018 passed by the Senior Civil Judge and JMFC, Channagiri in R.A.No.47/2014. There is a delay of 150 days in filing the appeal. The appellant Sri.Basappa has sworn to an affidavit explaining the sufficiency of reason to condone the delay. Learned counsel submits that if the delay is not condoned, the appellant will be put to hardship. Hence, he submits that the delay of 150 days in filing the appeal may be condoned.

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Learned counsel for appellant has urged several contentions.

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Heard, the contentions urged on behalf of the learned counsel for appellant and perused the appeal papers and the application with utmost care.

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RSA No. 411 of 2019

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This Regular Second Appeal is filed challenging the Judgment and Decree passed by the Court of Senior Civil Judge and JMFC, Channagiri in R.A.No.47/2014. The Appellate Court disposed off the appeal on 30.06.2018. The Regular Second Appeal is filed on 25.02.2019. There is a delay in filing the Regular Second Appeal. The Second Appeal is filed without filing an application for condonation of delay. Hence, office raised an objection regarding non-filing of an application for condonation of delay. On 28.02.2019, the office raised objection that the appeal memo has not been accompanied with application for condonation of delay. The appellant filed an application for condonation of delay in I.A.No.3/2022 on 20.07.2022. The appellant Sri.Basappa S/o.Girithimmappa has sworn to an affidavit.

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I have perused the affidavit with utmost care. He has stated that he was instructed by his counsel in Bengaluru to secure certified copy of the entire proceedings before the Trial Court and also before the First Appellate Court. He has also stated that in securing certified copy, there is a delay and there was a communication gap in securing the certified

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RSA No. 411 of 2019

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copy from the Trial Court Counsel. Hence, there is a delay and it is bonafide. Therefore, he requested this Court to condone the delay.

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Sri.Narendra Babu., learned counsel in presenting his argument strenuously urged that due to Covid-19 pandemic, the appellant was unable to make an application for condonation of delay though there was an objection by the Registry in the year 2019 itself. Counsel therefore, submits that the delay caused in moving an application for condonation of delay may be accepted.

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Submission made with regard to condonation of delay is noted with utmost care.

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Suffice it to note that the submission made on behalf of appellant about delay in moving an application for condonation of delay and the contents narrated in the affidavit are quite contradictory. The appellant is not diligent in approaching the Court right in time and the sufficiency of reason to condone the delay is not satisfactory. It appears that appellant is not diligent in prosecuting the appeal.

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RSA No. 411 of 2019

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The reasons accorded in the affidavit and the submission made on behalf of appellant regarding belated application for condonation of delay are not satisfactory and the same is not acceptable by this court. Hence, I find no

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justification to condone the delay. Accordingly,

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I.A.No.3/2022 is dismissed.

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Resultantly, the Regular Second Appeal is also

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dismissed .

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Sd/JUDGE

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NR/TKN List No.: 1 Sl No.: 46

Sri Basappa v. Smt Muddamma

Case brief

What is this about?

What did the court decide?

Sri Basappa v. Smt Muddamma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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