Sri Thippeshappa vs Sri Basavarajappa
2023 Latest Caselaw 6881 Kant

                                                -1-
                                                          NC: 2023:KHC:35470
                                                        RSA No. 1817 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 29TH DAY OF SEPTEMBER, 2023

                                               BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1817 OF 2021 (DEC)

                   BETWEEN:

                         SRI THIPPESHAPPA
                         S/O SRI MUDDANNA
                         AGED ABOUT 68 YEARS,
                         AGRICULTURIST,
                         RESIDING AT THYAGADAKATTE,
                         SHIVANI HOBLI,
                         TARIKERE TALUK
                         CHIKKAMAGALURU DISTRICT.
                                                                 ...APPELLANT
                                 (BY SRI MOHAN K.N., ADVOCATE)
                   AND:

                   1.    SRI BASAVARAJAPPA
Digitally signed         S/O KARIYAPPA
by SHARANYA T            AGED ABOUT 52 YEARS,
Location: HIGH
COURT OF
KARNATAKA          2.    SRI SHEKARAPPA
                         S/O KARIYAPPA
                         AGED ABOUT 49 YEARS,

                   3.    SRI MANJAPPA
                         S/O LATE NINGAPPA
                         AGED ABOUT 71 YEARS,

                         ALL ARE RESIDING AT
                         TYAGADAKATTE,
                         SHIVANI HOBLI
                         TARIKERE TALUK
                                  -2-
                                              NC: 2023:KHC:35470
                                            RSA No. 1817 of 2021




    CHIKKAMAGALURU DISTRICT.
                                                 ...RESPONDENTS

     THIS RSA IS FILED UNDER SEC. 100 OF CPC AGAINST
THE ORDER DATED 03.06.2011 PASSED IN R.A.NO.15/2008
ON THE FILE OF THE        PRINCIPAL DISTRICT JUDGE,
CHIKMAGALUR, DISMISSING THE APPEAL AND FILED AGAINST
THE ORDER DATED 11.01.2008 PASSED IN O.S.NO.106/2005
ON THE FILE OF THE CIVIL JUDGE (JUNIOR DIVISION) AND
PRINCIPAL JMFC, TARIKERE.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

Heard the learned counsel for appellant.

2. This second appeal is filed along with

I.A.No.1/2023 where there is a delay of 3118 days in filing

the appeal. The records also discloses that the appeal got

dismissed before the appellate Court in 2011 by the

counsel for appellant and present second appeal is filed in

2021 i.e., almost after lapse of 10 years from the date of

dismissal of the first appeal.

3. The reasons assigned in the application and

accompanying affidavit that he was suffering from Harnia

and also lungs problem in the year 2009 at Bapuji

Hospital, Davanagere and he was subjected to a major

NC: 2023:KHC:35470 RSA No. 1817 of 2021

operation and after the discharge from the hospital, as per

the advise of the Doctor, he was taking rest and unable to

follow up the proceedings in the appeal before the

appellate Court. During the 1st week of November-2018,

he has got some relief in health and he went to met the

counsel and the counsel informed that he has not received

any instructions from him and without any other option,

he has filed a memo for withdrawal of the appeal. The

appellant again in the year 2019, took the treatment at

the Bapuji Hospital at Davanagere for high blood pressure

due to stress as he was unable to travel and along with

the affidavit he has produced medical bill and though he

has placed a certificate of Bapuji Hospital, Davanagere, it

does not bear any date of admission and date of discharge

and another Bapuji Hospital record dated 06.02.2019 has

been produced and in between 2011 to 2021 except the

in-patient medical certificate showing that he was

admitted and on verification, he was admitted on

27.03.2019 and discharged on 29.03.2019 and i.e., also

only for a period of 2 days and no other documents have

NC: 2023:KHC:35470 RSA No. 1817 of 2021

been produced and reasons assigned in the application

and delay of 10 years i.e., 3118 days is not satisfactory

and there is a delay of 3118 days ought to have explained

each day delay and the same has not been explained. This

appeal is filed against the first appeal and it was got

dismissed by the counsel who represented the appellant

before the First Appellate Court by filing memo of

withdrawal and when such being the case, I do not find

any ground to condone the delay in filing the present

appeal. Hence, I.A.No.1/2023 filed by the counsel for

appellant is dismissed.

Consequently the second appeal is also

dismissed.

Sd/-

JUDGE

RHS