Karnataka High Court
B C Puttaraju vs Smt Gowramani on 9 February, 2022
Bench: N S Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
REGULAR SECOND APPEAL No.1269 OF 2019 (SP)
BETWEEN:
B.C.PUTTARAJU,
S/O CHANNAPPA,
AGED ABOUT 63 YEARS,
RESIDENT OF BEHIND POLICE STATION,
ALUR TALUK,
HASSAN DISTRICT - 573 213.
WORKING AS P.T.TEACHER,
SIDDANNAYYA HIGH SCHOOL,
BALEPETE,
SAKALESHPURA TALUK - 573 110.
... APPELLANT
(BY SRI.S.G.SWAMY, ADV.,)
AND:
SMT.GOWRAMANI,
AGED ABOUT 50 YEARS,
W/O SHIVANNA,
GOPALASWAMI VATARA,
2ND CROSS, MISSION HOSPITAL ROAD,
NORTHERN EXTENSION,
HASSAN - 573 210.
... RESPONDENT
(RESPONDENT IS SERVED AND UNREPRESENTED)
2
THIS APPEAL IS FILED UNDER SECTION 100 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
07.03.2017 PASSED IN R.A.NO.33/2013 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN,
DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 09.01.2013 PASSED IN
O.S.NO.454/2008 ON THE FILE OF THE II ADDITIONAL
CIVIL JUDGE AND JMFC.,HASSAN.
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. The First Appellate Court dismissed the Regular Appeal
on 07.03.2017 and this appeal has been filed on
15.07.2019 with delay of 770 days.
2. In the affidavit accompanying the application seeking
for condonation of delay, it has been stated as follows:
"3. I state that, I am the permanent resident
of Alur, Hassan District and as such the
appellate court was pleased to pass the
judgment and decree on 07/03/2017 by
dismissing my appeal. Under the
circumstances the respondent has filed the
execution petition before the trial court for
execution of the judgment and decree and as
such I have requested my advocate to file
Vakalath and defend the said execution
petition in accordance with law.
4. Thereafter lower court advocate has
advice me to prefer the second appeal before
the High court of Karnataka at Bangalore and
as such I have instructed my advocate on
record to file appeal before the higher court.
Thereafter I could not contact my advocate for
a period of one and half year, due to my ill
health and during the 2nd week of June 2019 I
have contacted my advocate to status of my
case before the High court, at that point of
time my advocate has expressed his inability of
non filing of the appeal before the High Court,
since his practice is in Hassan District and not
able to travel to Bangalore to file the appeal
and hence you may have to engage different
advocate to file the appeal before the High
Court at Bangalore, who regularly practicing at
Bangalore.
5. Under the circumstances, I have no
option, other then approaching the advocate
practicing at Bangalore. In the background of
the above, I requested my advocate to furnish
the copy of the judgment and decrees to
enable me to approach the higher court.
However on account of long lapse of time, he
could not trace the same and as such I
requested him to apply for the certified copy
once again and accordingly, he applied for the
same on 15/06/2019 and received it on
25/06/2019. Thereafter without any loss of
time, I got prepared the present appeal and
approached this court."
3. As could be seen from the averments of the affidavit,
the appellant was aware that he had suffered a decree at
the hands of the Appellate Court and an Execution petition
had also been filed seeking to execute the decree and he
had in fact entered appearance through a counsel in the
Execution proceedings.
4. He also admits that he was advised to prefer a second
appeal and had instructed his counsel to file an appeal but
he could not approach his counsel for about 1½ years due
to ill-health. However, nothing is forthcoming as to what
was the ill-health that the appellant was ailing from and no
documents are produced to substantiate this reason.
5. In my view, there is absolutely no cause, much less
sufficient cause shown to condone an inordinate delay of
770 days in filing the appeal. I.A.No.1/2019 is dismissed.
Consequently, the second appeal is also dismissed.
Sd/-
JUDGE
GH
