Karnataka High Court
Sri G Gangadhar vs C Nagaraju on 2 February, 2022
Bench: N S Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
R.S.A. No.771/2021 (SP)
BETWEEN:
SRI.G.GANGADHAR,
S/O GAVIYAPPA,
AGED ABOUT 57 YEARS,
R/AT SHIVAKRUPA,
13TH CROSS, S.I.T. EXTENSION,
TUMKURU TOWN,
TALUK AND DISTRICT - 577 501. ... APPELLANT
(BY SRI.M.B.RYAKHA, ADV.)
AND:
C.NAGARAJU,
S/O LATE CHANNIGANNA,
AGED ABOUT 54 YEARS,
R/AT SRIGANDHA NILAYA,
1ST MAIN ROAD, 2ND CROSS,
2ND BLOCK, KUVEMPUNAGAR,
TUMKURU - 577 507. ... RESPONDENT
(BY SRI.JOSE SEBASTIAN, ADV.)
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 01.09.2018
PASSED IN R.A.NO.243/2017 ON THE FILE OF THE VI
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU,
PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 20.09.2017 PASSED IN OS
2
NO.230/2014 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, TUMAKURU.
THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is delay of 481 days in filing the appeal.
The Regular Appeal was dismissed on 01.09.2018. This
appeal is filed on 22.09.2021. The reasons assigned for
condonation of delay is as follows:
"3. I state that my son Sathish was
died on 20.11.2019 the entire family has
been mentally dispersed due to death of my
son after, passing the judgment and decree I
approached my trail court advocate for
getting the certified copies, before the court
bellow I approached my trail court advocate
in the month of march 2020 the counsel told
that there is a lock down due to covid-19 I
am unable to apply the certified copies
before the courts bellow. Hence, there is
lockdown till 30.05.2020. the courts are
opened in the month of 1st week of June till
then I am unable to contact my advocate
fore getting the certified copies the
respondent has filed the execution petition in
the year 2018 where in the execution
petition stated that the defendant has not
challenged the above decree before the
appellate court by preferring the appeal
those the above judgment and decree has
become final in the execution petition the
respondent mislead the court that for the
reason that the appellant has preferred the
appeal in R A No.243/2017 in the said
appeal the respondent/plaintiff he was
served the notice but, he has not engaged
an advocate in the Judgement which is
indicating that he was absent."
2. As stated above, the appeal was dismissed on
01.09.2018. It is not the case of the appellant that he
was unaware of the order. Even according to the
appellant, his son died on 20.11.2019 i.e., nearly after a
period of one year two months after the disposal of the
appeal. Thus, the reason given that he was disturbed
due to the death of his son and could not file the appeal
cannot be accepted.
3. The other reason given is that there was lock
down till 30.05.2020 and he could not file an appeal until
the Courts were opened. As stated above, the appeal
was dismissed in 2018. There was no pandemic
prevailing from 2018 till 2020.
4. I am therefore of the view that cause stated in
the affidavit does not constitute sufficient cause.
Accordingly, I.A.1/2021 is dismissed and as a
consequence, appeal is also dismissed.
Sd/-
JUDGE
BRN
