- 1 - HC-KAR NC: 2025:KHC:49217 RSA No. 277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.277 OF 2025 (DEC) BETWEEN: SRI H V KRISHNA NAIK S/O VALYA NAYAK AGED ABOUT 54 YEARS R/O HUNASEBYLE VILLAGE LINGADAHALLI HOBLI TARIKERE TALUK CHIKMAGALURU- 577129 …APPELLANT (BY SRI GANAPATHI BHAT, ADVOCATE FOR SRI AKSHAY KUMAR JAIN, ADVOCATE) AND: SRI T PUSHPARAJ S/O LATE H T THIMMAIAH AGED 59 YEARS R/O CHURCH CIRCLE, OLD TOWN BHADRAVATHI POST SHIVAMOGGA DISTRICT- 577301 …RESPONDENT THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.03.2023 PASSED IN R.A. NO.134/2022 ON THE FILE OF PRL. JUDGE, (DISTRICT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49217 RSA No. 277 of 2025 AND SESSIONS JUDGE), FAMILY COURT, CHIKKAMAGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard on the learned counsel appearing for the appellant on I.A.No.1/2025 wherein there is a delay of 630 days in filing this appeal. 2. In the affidavit accompanying to the application, it is specifically stated that the First Appellate Court delivered the judgment and decree on 15.03.2023 in R.A.No.134/2022 and the present second appeal is filed on 19.02.2025. The reason assigned in the application to condone the delay is that the appellant is an illiterate person and not aware of the legal procedures involved in filing an appeal and was promptly unable to take the necessary steps to file the appeal and also residing in a remote area and faced significant difficulties in obtaining legal advice and assistance and also suffering from - 3 - HC-KAR NC: 2025:KHC:49217 RSA No. 277 of 2025 health issues. Hence, the appellant could not take up the steps in filing this appeal in time. 3. These are the reasons assigned in the application to condone the delay of 630 days in filing this appeal. When there is an inordinate delay in filing the appeal, each day delay has to be explained but there is no any explanation in the affidavit for each day delay. The reason assigned is only that the appellant is an illiterate person and not aware of the legal procedure and did not get legal advice due to significant difficulties and also stated that the appellant was suffering from health issues but no document is placed with regard to health issues is concerned. When the appellant participated in the proceedings in O.S.No.42/2016 as well as in R.A.No.134/2022, the appellant has suffered an order before the Trial Court as well as the First Appellate Court, not having legal knowledge cannot be accepted. When such being the case, the reasons assigned in the affidavit is not acceptable reasons. On perusal of material on record, it discloses that there is a concurrent finding. When there is no sufficient cause shown to condone the delay, I do not find any ground to condone the delay of 630 days in filing - 4 - HC-KAR NC: 2025:KHC:49217 RSA No. 277 of 2025 this appeal. Accordingly, I.A.No.1/2025 is rejected. Consequently, this second appeal is also dismissed. 4. 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