C B Renuka Prasad v. Smt C B Shivakumari Dead by Her Legal Heirs B v Veerabasaiah
Condonation of delay – Regular Second Appeal under Section 100 CPC
Case brief
What is this about?
High Court of Karnataka, Bengaluru; RSA No. 1018 of 2022 (PAR/POS); decided 23.06.2026 by Justice V Srishananda (oral judgment); appeal filed 06.07.2022 under Section 100 CPC against the judgment and decree dated 20.06.2019 in R.A.No.62/2014 (Prl. District and Sessions Judge, Davanagere), which had confirmed the decree dated 15.07.2014 in O.S.No.99/2012 (III Addl. Senior Civil Judge, Davanagere) granting the plaintiff (Smt C B Shivakumari, since dead, by her legal heirs) a 1/4th share in the suit schedule property. I.A.No.1/2022 seeking condonation of 307 days' delay rejected — COVID-19/lockdown explanation untenable after October 2020; concurrent findings that the Will executed by Basavalingaiah in favour of the appellants was legally infirm and suspicious left undisturbed; appeal dismissed. Keywords: condonation of delay; inordinate/unexplained delay; Section 100 CPC; second appeal; COVID-19 lockdown; suspicious circumstances; Will; partition; 1/4th share.