Sri Eshwarachari vs Smt. Rathnamma
2023 Latest Caselaw 7220 Kant

                                                  -1-
                                                          NC: 2023:KHC:37257
                                                         RSA No. 686 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF OCTOBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 686 OF 2020 (PAR)

                   BETWEEN:

                   1.    SRI ESHWARACHARI
                         S/O BHASKARACHARI,
                         AGED ABOUT 67 YEARS,
                         R/AT BELAVADI VILLAGE,
                         DODDAMAGGE HOBLI
                         ARKALGUD TALUK
                         HASSAN - 573 201
                                                                  ...APPELLANT
                                  (BY SRI MOHAN P.S., ADVOCATE)
                   AND:

                   1.    SMT. RATHNAMMA
                         W/O SANNAPPACHARI,
Digitally signed         AGED ABOUT 72 YEARS,
by SHARANYA T            R/AT ANCHE VILLAGE,
Location: HIGH
COURT OF                 HONAGODE HOBLI
KARNATAKA                HUNSUR TALUK
                         MYSORE DISTRICT.

                   2.    SMT. NAGARATHNA
                         S/O CHANNAVEERACHAR,
                         AGED ABOUT 68 YEARS,
                         R/AT DOOR NO.499,
                         2ND STAGE, 2ND MAIN,
                         RAJAJINAGAR,
                         NEAR VIVEKANANDA COLLEGE,
                         BANGALORE-560 055.
                                                             ...RESPONDENTS
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                                         NC: 2023:KHC:37257
                                        RSA No. 686 of 2020




     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2011
PASSED IN R.A.NO.14/2020 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT AT ARKALGUD, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 07.04.2010 PASSED IN O.S.NO.139/2008 ON THE FILE
OF THE SENIOR CIVIL JUDGE, ARKALGUD.
    THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                       JUDGMENT

Heard the learned counsel for the appellant on

I.A.No.1/2020 where there is delay of 3161 in filing the

appeal.

2. In support of an application, an affidavit is also

sworn to wherein the reason is given in the affidavit that

the appellant could not approach his counsel in time due

to his ill-health as he is suffering from jaundice and also

he is unable to overcome the financial commitment. After

improving of health, immediately approached his advocate

and filed this appeal. Hence, the delay 3161 day in

preferring the appeal may be condoned.

3. Having heard the appellant's counsel the

reasons assigned in the affidavit that he was suffering

from jaundice and he could not contact the advocate and

NC: 2023:KHC:37257 RSA No. 686 of 2020

also having financial commitments and the delay of 3161

days no sufficient reason is assigned to condone the same

and the counsel submits that he is also suffering from

other ailments and the same is not stated anything in the

affidavit except stated that he was suffering from jaundice

and unable to contact advocate and having financial

commitment. Hence, no proper reason is given in case if

he suffering from jaundice to condone the delay of 3161

days in filing the appeal and also no sufficient reason is

stated and the appellant has to explain each day delay in

filing the appeal and the same is not explained by the

counsel for appellant. Hence, no ground to condone the

delay of 3161 days in filing the appeal.

4. Hence, the I.A.No.1/2020 is rejected.

Consequently the appeal is also dismissed.

Sd/-

JUDGE

RHS