- 1 - HC-KAR NC: 2025:KHC:40569 RSA No. 488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.488 OF 2025 (PAR) BETWEEN: SRI. NOORULLA, S/O SABJAN SAB AGED ABOUT 62 YEARS R/AT MALLAPURA VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA – 577 227 …APPELLANT (BY SRI JAVEED S, ADVOCATE) AND: SRI SABJAN SAB S/O RAHEEM SAB DEAD BY HIS LRS 1. SRI RAHMATH ALI S/O SABJAN SAB AGED ABOUT 70 YEARS R/AT MALLAPURA VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA – 577 227 2. SMT. MAIMUNNISA W/O AMEERJAN SAB Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40569 RSA No. 488 of 2025 AGED ABOUT 77 YEARS R/AT SAVALANGA VILLAGE HONNALI TALUK DAVANAGERE – 577 002 3. SMT. MAMTAJ BAI W/O SHAMSHEER ALI AGED ABOUT 73 YEARS R/AT TUMMINAKATTE ROAD HONNALI TOWN HONNALI TALUK DAVANAGERE – 577 002 …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 13.03.2017 PASSED ON I.A. NO. I IN R.A. NO.119/2015 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH - 3 - HC-KAR NC: 2025:KHC:40569 RSA No. 488 of 2025 ORAL JUDGMENT Heard the learned counsel appearing for the appellant on I.A.No.1/2025 wherein there is a delay of 2129 days in filing the appeal. 2. This appeal is filed against the order dated 13.03.2017 passed on I.A.No.1 filed under Section 5 of the Limitation Act in R.A.No.119/2015 by the First Appellate Court. The Trial Court dismissed the suit of the plaintiff/appellant in the year 2013 and thereafter appeal was preferred before the First Appellate Court in the year 2015 and the First Appellate Court rejected I.A.No.1 filed under Section 5 of the Limitation Act in the year 2017 on the ground that the appellant has failed to explain why there is an inordinate delay on his part to challenge the order of dismissal and with required original or documentary evidence, the appellant has failed to prove that there are sufficient reasons and justifiable grounds to - 4 - HC-KAR NC: 2025:KHC:40569 RSA No. 488 of 2025 condone the inordinate delay of two years in preferring the regular appeal. 3. On perusal of the records, it discloses that the suit of the plaintiff/appellant was dismissed in the year 2013 and thereafter the regular appeal was preferred by the appellant in the year 2015 i.e., after lapse of two years and this appeal is filed with an inordinate delay of 2129 days. In support of the application accompanying the affidavit, the learned counsel for the appellant assigned the reason for condonation of delay of 2129 days in filing this appeal that the delay is not intentional and subsequent to the dismissal of the appeal on 13.03.2017, the same was brought to the notice of the appellant and counsel also informed the appellant regarding limitation and the appellant took some time to arrange funds and to collect the case papers. Immediately after arranging the funds, the appellant signed the vakalath and sent all the related papers to his counsel in Bengaluru to prefer this appeal and hence, delay is caused in this process. - 5 - HC-KAR NC: 2025:KHC:40569 RSA No. 488 of 2025 4. Having considered the grounds urged in the affidavit, it is clear that even filing the first appeal also there was a delay of two years and even after dismissal of the appeal on the ground of delay, not filed this appeal for a period of eight years. The reasons assigned in the affidavit for non-filing of the appeal within time are that the appellant took some time to arrange the funds and to collect the case papers. Hence, the reason assigned in the application to condone the delay of 2129 days in filing the appeal is not satisfactory since each delay has not been explained properly. Thus, there is no ground to condone the inordinate delay of 2129 days in filing the appeal. Accordingly, I.A.No.1/2025 is dismissed. 5. In view of dismissal of I.A.No.1/2025 which is filed for condonation of delay of 2129 days in filing the appeal, this appeal is also dismissed. - 6 - HC-KAR NC: 2025:KHC:40569 RSA No. 488 of 2025 6. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands dismissed. Sd/- (H.P.SANDESH) JUDGE SN