- 1 - HC-KAR NC: 2025:KHC:21952 RSA No. 923 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.923 OF 2024 (DEC/INJ) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA BENGALURU – 01. 2. THE SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU – 01. 3. THE DEPUTY COMMISISONER CHICKBALLAPUR DISTRICT CHICKBALLAPUR – 562101. 4. THE ASSISTANT COMMISSIONER CHICKBALLAPUR – 562101. 5. THE TAHASILDAR CHICKABALLAPUR TALUK CHICKBALLAPUR DISTRICT-562101. …APPELLANTS (BY SRI. B.S.GURUSWAMY, AGA) AND: 1. SRI RANGASWAMY NAIDU S/O LATE T.M.NARAYANASWAMY NAIDU Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21952 RSA No. 923 of 2024 AGED ABOUT 63 YEARS R/AT MARASANAHALLI VILLAGE KASABA HOBLI CHICKKABALLAPUR TALUK-562101. 2. SRI M.N. CHINNASWAMY NAIDU S/O LATE T.M.NARAYANASWAMY NAIDU AGED ABOUT 61 YEARS R/AT MARASANAHALLI VILLAGE KASABA HOBLI CHICKKABALLAPUR TALUK-562101. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.03.2017 PASSED IN R.A.NO.55/2012 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC, CHICKBALLAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 9.11.2011 PASSED IN O.S.NO.131/2009 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, CHIKKABALLAPURA. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. This matter is listed for considering IA No.1/2024 and there is a delay of 1813 days in filing the second appeal. In the previous occasion also this Court - 3 - HC-KAR NC: 2025:KHC:21952 RSA No. 923 of 2024 having noticed the delay of 1813 days and in spite the notice was ordered, P.F was not paid and considering the inordinate delay of 1813 days, ordered to list the matter for consideration of IA No.1/2024. 2. Having considered the grounds urged in the application and affidavit, no proper reasons are assigned for the delay of 1813 days and this Court would like to extract paragraph No.4 of the affidavit which reads as follows: “4. Following the issuance of the judgment, the Appellants, being government servants, promptly initiated the above appeal. However, due to the necessity of obtaining government permission to proceed with the appeal, there was an unavoidable delay in filing the aforementioned appeal “ 3. Having considered the reasons assigned in paragraph No.4, it is stated that the appellants being the government servants, promptly initiated the above appeal. However, due to the necessity of obtaining government - 4 - HC-KAR NC: 2025:KHC:21952 RSA No. 923 of 2024 permission to proceed with the appeal, there was an unavoidable delay in filing the aforementioned appeal. Having stated so, nothing is stated in the Affidavit when the decision was taken to file an appeal since the R.A was disposed of on 24.03.2017 and this appeal was filed on 01.06.2024, after more than 6 years and each day delay has to be explained in the affidavit and only reason assigned is that promptly initiated the above appeal. However, delay on the part of the government in giving the permission and the same cannot be a ground to condone the delay of 1813 days and though counsel Additional Advocate General made an attempt to convince the Court and in view of the reasons assigned in paragraph No.4, not a case for condoning the delay of 1813 days and in a casual manner, the affidavit is prepared and no instances of on what date decision was taken and when the file was put up before the government and nothing is stated in the affidavit and when such callus affidavit is filed before the Court and delay of 1813 days - 5 - HC-KAR NC: 2025:KHC:21952 RSA No. 923 of 2024 cannot be condoned. Hence, I.A.No.1/2024 is dismissed. Consequently, second appeal is also dismissed. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 37