Smt Susheela v. Venkatesh Since Dead by Lrs
Case brief
What is this about?
Single-judge decision of the High Court of Karnataka at Bengaluru dated 04.06.2026 (V Srishananda, J.) rejecting Regular Second Appeal No. 926 of 2021 (DEC/INJ) at the threshold. The appeal, filed on 24.11.2021 under Section 100 r/w Order 41 Rule 1 CPC against the first appellate decree dated 03.09.2011 in RA No.6/2008 (which had set aside the 23.11.2007 dismissal decree in O.S.No.309/2005), was brought by the legal representatives of original defendants No.1 and 4 after a delay of 3079 days. Condonation (I.A. No.1/2021) was refused because the affidavit offered nothing beyond the plea that the appellants were unaware of the proceedings, and leave for appellants No.1, 2, 4 to 8 (I.A. No.2/2021) fell with it; the appeal was consequently rejected. No precedent was discussed and no monetary amount figures. Search value: threshold rejection of a second appeal for unexplained delay; insufficiency of a bare 'unawareness' plea; heirs seeking leave after the original defendant did not prosecute an appeal.