Second appeal against a decree in a property suit was filed with a 1089-day delay attributed to appellant's old-age illness. The court noted execution was completed and possession taken in 2017, found the explanation bald and each day unexplained, and dismissed the appeal on the ground of delay.
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NC: 2024:KHC:19814 RSA No. 729 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.729 OF 2018 (DEC/INJ)
BETWEEN:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SMT. KAVERAMMA K.A., ADVOCATE FOR SRI SIDDAMALLAPPA P.M., ADVOCATE)
AND:
…RESPONDENT
(BY SRI UMESH MULIMANI, ADVOCATE FOR SRI S.V. PRAKASH, ADVOCATE)
NC: 2024:KHC:19814 RSA No. 729 of 2018
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.12.2014 PASSED IN R.A.NO.77/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.07.2011 PASSED IN O.S.NO.207/2006 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC CHANNAGIRI.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Heard the learned counsel for the appellants and the learned counsel for the respondent on I.A.No.1/2018 for condonation of delay of 1089 days in filing the appeal.
counsel submits that the appellant No.1 claims that he is aged about 71 years old and contend that from 44 years he is suffering from illness and with that illness only he contested the matter and explanation offered by the appellant No.1 for the delay cannot be accepted. The learned counsel submits that Execution Petition No.25/2015 is filed and the judgment debtor No.2/appellant No.2 appeared before the Court through his counsel on 02.11.2015. Thereafter, notice was duly served and the judgment debtor No.1 did not appear before the Court and remained absent and warrant has been issued and possession has been taken in 2017 itself and now cannot contend that due to age old illness could not contact the advocate.
NC: 2024:KHC:19814 RSA No. 729 of 2018
is filed in March 2018 after disposal of the execution petition and each day delay has not been explained.
NC: 2024:KHC:19814 RSA No. 729 of 2018
approach the Court on their whims and fancies after four years. Hence, the appeal is dismissed on the ground of delay and I.A.No.1/2018 is rejected.
Sd/JUDGE
MD List No.: 1 Sl No.: 54
1 issue framed by the court
Whether the delay of 1089 days in filing the regular second appeal should be condoned.
1 provisions across 1 enactments
Sri Sanna Halappa
Sri Rudrappa
Sri P.N. Hanumanthappa
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
