Karnataka High Court
Sri Govindappa vs Narasimhappa on 3 July, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:23875
RSA No. 1988 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1988 OF 2021 (INJ)
BETWEEN:
1. SRI. GOVINDAPPA,
S/O DODDA VENKATARAYAPPA,
AGED ABOUT 55 YEARS,
R/O BANNIKUPPE VILLAGE,
NANDI HOBLI,
CHICKBALLAPUR TALUK-562 101,
CHICKBALLAPUR DISTRICT.
...APPELLANT
(BY SRI. JAI PRAKASH REDDY M., ADVOCATE)
AND:
1. NARASIMHAPPA,
Digitally signed S/O LATE JALARAPPA,
by DEVIKA M AGED ABOUT 82 YEARS,
Location: HIGH R/O BANNIKUPPE VILLAGE,
COURT OF SRIRAMPURA POST, NANDI HOBLI,
KARNATAKA
CHICKBALLAPUR TALUK-562 101,
CHICKBALLAPUR DISTRICT.
2. VENKATESH,
S/O VENKATARAYAPPA,
AGED ABOUT 52 YEARS,
R/O BANNIKUPPE VILLAGE,
NANDI HOBLI,
CHICKBALLAPUR TALUK-562 101,
CHICKBALLAPUR DISTRICT.
...RESPONDENTS
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NC: 2025:KHC:23875
RSA No. 1988 of 2021
HC-KAR
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 22.08.2013
PASSED IN R.A.NO.130/2006 ON THE FILE OF THE ADDL.
DISTRICT AND SESSIONS JUDGE, CHICKBALLAPUR
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 26.07.2006 PASSED IN
O.S.NO.211/1998 ON THE FILE OF THE PRL. CIVIL JUDGE
(JR.DN) AND JMFC, CHICKBALLAPUR.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
Heard the learned counsel for the appellant on
I.A.No.1/2021 for condonation of delay of 2334 days in filing
the appeal.
2. This appeal is filed against the concurrent finding
of the Trial Court. The Trial Court granted the relief of
permanent injunction and the same is confirmed by the First
Appellate Court. The impugned order was passed on
22.08.2013 and the present appeal is filed on 29.10.2021 and
there is an inordinate delay of 2334 days in filing the appeal.
3. In support of the application, an affidavit in filed
wherein, in paragraph No.4 it is stated that respondent No.1
filed Execution Case No.31/2021 on the file of the Principal
Civil Judge (Jr.Dn.) and JMFC, Chikkaballapura. Hence, he
NC: 2025:KHC:23875
HC-KAR
was not able to file the appeal and that after filing of the
execution case, he contacted his advocate and his advocate
instructed him to prefer this appeal and hence filed this
appeal with delay.
4. Having perused the affidavit filed in support of the
application, nowhere any reason is assigned for the delay of
more than 8 years and each day delay has to be explained
while filing the appeal. Nothing is stated on what date he
came to know about the judgment of the First Appellate
Court. The fact that the appellant was represented through
counsel before the First Appellate Court is not in dispute.
When such being the factual aspects of the case and in the
absence of any valid reasons and explanation, the question of
condoning the delay of 2334 days i.e., more than 8 years, in
filing the appeal, does not arise. Hence, I do not find any
ground to condone the delay. I.A.No.1/2021 is rejected.
Consequently, the appeal is also dismissed.
Sd/-
(H.P.SANDESH)
JUDGE
MD
