The High Court of Karnataka dismissed an I.A. for condonation of a 1915-day delay in filing a regular second appeal, rejecting claims of illiteracy as insufficient. Consequently, the second appeal was dismissed.
I.A. No.1/2023 for condonation of delay dismissed; Regular Second Appeal No.206 of 2023 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.206 OF 2023 (PAR)
BETWEEN:
…APPELLANT
(BY SRI VIJAYA SHEKARA GOWDA V., ADVOCATE)
AND:
LINGEGOWDA,
SINCE DEAD BY LRS.
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
SL.NO.1 TO 5 ARE R/AT DODDAMAHALLI VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571430.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.08.2015 PASSED IN R.A.NO.62/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MANDYA, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECRE DATED 25.04.2013 PASSED IN O.S.NO.24/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALLAVALLI,
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Heard on I.A.No.1/2023 for condonation of delay of 1915 days in filing the appeal. In support of the application, an affidavit is filed by the appellant stating that he could not contact his counsel due to ignorance and he is an illiterate and not having worldly knowledge of the Court proceedings and also suffers from old age ailments. He contacted his other family members for discussion, but family members are not ready to talk to him and he is not having financial stability and hence the delay has to be condoned.
NC: 2024:KHC:26375 RSA No. 206 of 2023
years in filing the appeal. Hence, I do not find any ground to condone the delay and no satisfactory reasons are assigned explaining each day delay.
the second appeal is also dismissed.
Sd/JUDGE
MD List No.: 1 Sl No.: 64
2 issues framed by the court
Whether the delay of 1915 days in filing the second appeal should be condoned given the reasons of illiteracy and inability to contact counsel.
Whether the impugned judgment of the first appellate court should be allowed upon dismissal of the condonation application.
Sri Ramesh
Lingegowda (since dead) and others
The District Manager, DR.B.R.AMBEDKAR DEVELOPMENT CORPORATION
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
