Karnataka High Court
Somappa vs Gowramma on 5 October, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:36134
RSA No. 1930 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1930 OF 2021 (PAR)
BETWEEN:
1. SOMAPPA
S/O LATE CHANNAPPA
AGED ABOUT 46 YEARS,
2. RAMESH
S/O LATE BELLAPPA
AGED ABOUT 38 YEARS,
BOTH ARE RESIDING AT
ANKAHALLI VILLAGE,
HANGALA HOBLI,
GUNDLUPET TLAUK,
CHAMARAJANAGAR DISTRICT-571111.
...APPELLANTS
Digitally signed
by SHARANYA T (BY SRI D.S. HOSMATH, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. GOWRAMMA
D/O LATE BELLAPPA
AGED ABOUT 68 YEARS,
R/O. ANKAHALLI VILLAGE,
HANGALA HOBLI,
GUNDLUPET TALUK
CHAMARAJANAGAR DISTRICT-571111.
2. NAGAMMA
W/O LATE CHANNAPPA
AGED ABOUT 73 YEARS,
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NC: 2023:KHC:36134
RSA No. 1930 of 2021
3. NANJAMMANNI
D/O LATE CHANNAPPA
AGED ABOUT 53 YEARS,
4. NATESHA @ BASAVARAJU
S/O LATE CHANNAPPA
AGED ABOUT 41 YEARS,
5. EERAMMA
W/O LATE BELLAPPA
AGED ABOUT 68 YEARS,
6. SUGUNA
D/O LATE BELLAPPA
AGED ABOUT 47 YEARS,
RESPONDENTS NO.2 TO 7 ARE
RESIDING AT ANKAHALLI VILLAGE,
HANGALA HOBLI, GUNDLUPET TLAUK,
CHAMARAJANAGAR DISTRICT-571111.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 02.08.2017
PASSED IN R.A.NO.113/2017 (29/2014) ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, ALLOWING THE
APPEAL AND CONFIRMING SETTING ASIDE THE JUDGMENT
AND DECREE DATED 11.06.2013 PASSED IN
O.S.NO.228/2007 ON THE FILE OF THE CIVIL JUDGE AND
JMFC., GUNDLUPET.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellants on
I.A.No.1/2021 and there is a delay of 858 days in filing the
appeal.
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RSA No. 1930 of 2021
2. In support of the application, an affidavit is sworn
to and particularly in Para No.2 of the affidavit, it is stated that
he was doing alteration of his house and he could not
immediately file the appeal and he was also facing financial
problem and due to which, he could not file the appeal and lost
sight of the matter and after 3½ years, he got to know from
the Advocate that the respondent No.1 may file FDP
proceedings and only then, it came to his knowledge that he
has to file an appeal.
3. Having perused the affidavit, nowhere it is stated
that he was not having the knowledge of disposal of the regular
appeal. On perusal of the records, it is seen that the regular
appeal was disposed of in the year 2017 i.e., on 02.08.2017
and the reasons assigned in the affidavit is that he was doing
alteration of his house and there was delay of 3½ years and the
present appeal is filed in the year 2021 and in between 2017 to
2021, till Covid Pandemic, no proper reasons are assigned and
suit is filed for the relief of partition and 1/3rd share is granted
and the same is modified by the First Appellate Court. When
no proper reasons are assigned in the affidavit and the reasons
assigned in the affidavit is very bald and there is a delay of four
NC: 2023:KHC:36134
RSA No. 1930 of 2021
years in filing the appeal, each day's delay has not been
explained, I do not find any ground to condone the delay of 858
days.
Hence, I.A.No.1/2021 is rejected and consequently, the
appeal is also dismissed.
Sd/-
JUDGE
ST
