- 1 - HC-KAR NC: 2025:KHC:23875 RSA No. 1988 of 2021 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, S/O LATE JALARAPPA, AGED ABOUT 82 YEARS, R/O BANNIKUPPE VILLAGE, SRIRAMPURA POST, NANDI HOBLI, 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 Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23875 RSA No. 1988 of 2021 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 - 3 - HC-KAR NC: 2025:KHC:23875 RSA No. 1988 of 2021 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 List No.: 1 Sl No.: 59