Second appeal filed 552 days late. The appellant claimed delay arose from respondent No.1's promise not to execute the decree, discovered only when she initiated execution proceedings. The court found this insufficient cause, dismissed the application for condonation of delay, and consequently dismissed the appeal.
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HC-KAR
NC: 2026:KHC:36155 RSA No. 1574 of 2024
CNR: KAHC010641592024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1574 OF 2024 (INJ)
BETWEEN:
KARIBASAIAH S/O LATE JAYADEVAIAH, AGED ABOUT 50 YEARS, AGRICULTURIST, R/O KABBUR, DAVANAGERE TALUK.
…APPELLANT
(BY SRI. REVANNA BELLARY, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
HC-KAR
NC: 2026:KHC:36155 RSA No. 1574 of 2024
CNR: KAHC010641592024
RESPONDENT NO.2 TO 4 ARE R/O KABBUR - 577 514 DAVANAGERE TALUK.
…RESPONDENTS
(BY SMT. VIJAYA M.N, ADVOCATE FOR R1; R3, R4 - SERVED;
VIDE ORDER DATED 06.07.2026, I.A 1/25 FOR BRINGING LR'S OF DECEASED R2 IS DISMISSED)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 31.01.2023 PASSED IN RA NO.69/2021 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, DISMISSING THE APPEAL CONFIRMING THE JUDGMENT AND DECREE DATED 26.08.2021 PASSED IN OS NO.559/2012 ON THE FILE OF ADDITIONAL CIVIL JUDGE, DAVANAGERE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
HC-KAR
NC: 2026:KHC:36155 RSA No. 1574 of 2024
CNR: KAHC010641592024
ORAL ORDER
NC: 2026:KHC:36155 RSA No. 1574 of 2024
HC-KAR
CNR: KAHC010641592024
Consequently, appeal is also dismissed .
records.
Sd/(V SRISHANANDA) JUDGE
KAV
List No.: 1 Sl No.: 27
1 issue framed by the court
Whether a delay of 552 days in filing the second appeal should be condoned on the ground of the respondent's alleged promise not to claim suit relief?
1 provisions across 1 enactments
Karibasaiah S/o Late Jayadevaiah
Smt. Kotramma W/o P.M. Nagarajaiah
Sri Channabasaiah S/o Late Jayadevaiah
Sri Doddaveeraiah S/o Late Jayadevaiah
Sri Rudraiah S/o Late Jayadevaiah
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
