Second appeal seeking condonation of a 1171-day filing delay after dismissal of defendant's first appeal in a title and possession suit; court rejected the affidavit reasons as unsatisfactory.
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NC: 2024:KHC:27268 RSA No. 397 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.397 OF 2024 (DEC/POS)
BETWEEN:
…APPELLANT
(BY SRI. ANJANEYA A.B., ADVOCATE)
AND:
SRI. THIPPA REDDY, DEAD BY HIS LRS.
NC: 2024:KHC:27268 RSA No. 397 of 2024
…RESPONDENTS
(BY SRI. K.V.NARASIMHAN, ADVOCATE FOR R3; R1 AND R2 -SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.10.2018 PASSED IN R.A.NO.168/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.07.2015 PASSED IN O.S.NO.774/2008 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, CHIKKABALLAPUR.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Heard the learned counsel for the appellant and the learned counsel for respondent No.3 on I.A.No.1/2024 for condonation of delay of 1171 days in filing the appeal. In support of the application, an affidavit is sworn to that the appellant was unable to file the appeal on time due to illiteracy about legal consequences and also was unable to find out the counsel to prefer the appeal on time after dismissal of the first appeal and she is the resident of rustic village/area which is 90 kms. far away from Bengaluru. Under the said circumstances,
the appellant was not having any known person to contact the advocate at Bengaluru and with great difficulty she has got the present counsel and instructed to prefer the appeal. Except this reason, nothing is stated in the affidavit as to what prevented the appellant in filing the appeal in time. The appeal before the First Appellate Court was disposed of in 2018 and the present appeal is filed in 2024.
NC: 2024:KHC:27268 RSA No. 397 of 2024
suit in O.S.No.261/2023 for the relief of partition and the appellant is in touch with the counsel. Now, the reason assigned that she could not contact the advocate at Bengaluru, cannot be a ground to condone the delay of six years.
this Court. Hence, the reasons assigned in the affidavit is not satisfactory to condone the delay of 1171 days in filing the appeal.
the second appeal is also dismissed.
Sd/JUDGE
MD List No.: 1 Sl No.: 78
1 issue framed by the court
Should the 1171-day delay in filing the second appeal be condoned, given the appellant's stated reasons of illiteracy and lack of access to counsel?
1 provisions across 1 enactments
Smt. Gangalakshmamma
Sri. Madappa
Sri. Chikka Adi Reddy
Sri. R.C. Byappa Reddy
H.P. Sandesh
As recorded by the court registry
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