- 1 - HC-KAR NC: 2025:KHC:27544 RSA No. 975 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 975 OF 2023 (PAR/POS-) BETWEEN: SRI ERANNA S/O THIMMANNA, AGED ABOUT 56 YEARS, R/AT S R PALYA, NIDGAL HOBLI, PAVAGADA TALUK - 561202 &APPELLANT (BY SMT. VEENA T N, ADVOCATE FOR SRI RAJENDRA K R, ADVOCATE) AND: 1(A) SRI THIMMANNA S/O LATE DASAJJA @ DASABHOVI, DEAD, REP. BY LRS. AKKAMMA, W/O LATE THIMMANNA, W/O SUBBANNA, AGED 61 YEARS, R/O VEERAPURA, AMARAPURA MANDALAM, MADAKASIRA TALUK, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27544 RSA No. 975 of 2023 ANANTHAPURA DIST. A P STATE-515301. 1(B) SRI HANUMANTHARAYA, S/O LATE THIMMANNA, AGED ABOUT 59 YEARS, 1(C) SRI VASANTHAKUMR, S/O LATE THIMMANNA, AGED ABOUT 57 YEARS, 1(D) SMT. GIRIJAMMA, D/O LATE THIMMANNA, W/O VENKATESH AGED ABOUT 55 YEARS, R/O CHIKKATHIRUPI, GUNDIBANDE MANDALAM, MADAKASIRA TALUK, ANANTHAPURA DIST A P STATE - 515301. 1(E) SHARADAMMA, D/O LATE THIMMANNA, W/O HANUMANTHARAYAPPA, AGED 53 YEARS, 1(F) SRINIVASA, S/O LATE THIMMANNA, AGED ABOUT 51 YEARS, 1(G) SMT. RENUKAMMA, D/O LATE THIMMANNA, W/O SHANTHAKUMAR, AGED 49 YEARS, R/O HANUMANTHANAHALLY, Y N HOSAKOTE HOBLI, PAVAGADA TALUK - 561202. - 3 - HC-KAR NC: 2025:KHC:27544 RSA No. 975 of 2023 1(H) SMT. BHARATHI T, D/O LATE THIMMANNA, AGED 47 YEARS, R/O HANUMANTHANAHALLY, Y N HOSAKOTE HOBLI, PAVAGADA TALUK - 561202. 2(A) SRI SANJEEVAPPA, S/O LATE DASAJJA @ DASABHOVI, DEAD BY LRS, THIMMAKKA W/O LATE SANJEEVAPPA, 2(B) JAYAMMA D/O LATE SANJEEVAPPA, W/O THIMMANNA, AGED 55 YEARS, 2(C) RATHNAMMA W/O LATE SANJEEVAPPA DEAD BY LRS 2(C)(A) HANUMANTHARAYA, S/O LATE RATHNAMMA, AGED ABOUT 33 YEARS 2(C)(B) ANJANKUMAR, S/O LATE RATHNAMMA, AGED ABOUT 30 YEARS, 2(C)(C) CHANDRASHEKAR, S/O LATE RATHNAMMA, 2(C)(D) LAXMAMMA, D/O LATE RATHNAMMA, AGED ABOUT 25 YEARS, - 4 - HC-KAR NC: 2025:KHC:27544 RSA No. 975 of 2023 2(A) TO 2(C)(D) ARE R/O CHINNAMMANAHALLI, BOVI COLONY, K T HALLI POST GUJJUNADU PAVAGADA TALUK- 572116 3(A) RAMANJI S/O LATE DASAPPA AGED ABOUT 47 YEARS 3(B) SMT. KAMALAMMA D/O LATE DASAPPA AGED ABOUT 45 YEARS 3(A) AND 3(B) ARE R/O S R PALAYA VILLAGE NIDGAL HOBLI PAVAGADA TALUK 3 572 116 4 SRI HANUMANTHAPPA S/O LATE DASAJJA @ DASABHOVI AGED ABOUT 75 YEARS RETIRED GOVT. EMPLOYEE R/O 4TH CROSS SHIVAMUKAMBIKANAGARA UPARAHALLI TUMKUR 3 572136 5 THYAGARAJA P, S/O PATHRAPPA, S/O LATE THIMMABHOVI AGED ABOUT 45 YEARS, 6 HANUMANTHAPPA, S/O HANUMANTHAPPA, S/O LATE DASAJJA @ DASABHOVI AGED ABOUT 73 YEARS, - 5 - HC-KAR NC: 2025:KHC:27544 RSA No. 975 of 2023 7 DASAPPA S/O HANUMANTHAPPA, AGED ABOUT 65 YEARS, 8 JAYAMMA, FIRST W/O SOMANNA, AGED ABOUT 55 YEARS, 9 ALAVELAMMA, 2ND WIFE OF SOMANNA, AGED ABOUT 50 YEARS, 10 RAMANNA S/O PAPAJJI, AGED ABOUT 75 YEARS, RESPONDENTS 1(B), 1(C), 1(E), 1(F), 5 TO 10 ARE R/O S R PALYA VILLAGE, NIDGAL HOBLI, PAVAGADA TALUK 3 572116 11 THE PRESIDENT NIDGAL SAMSTHANA SIKSHANA COMMITTEE S R PALAYA, NIDGAL HOBLI PAVAGADA TALUK 3 572 116 &RESPONDENTS (NOTICE TO R1(A TO H), R2(A&B), R2(C)(C), R3 (A&B), R6 & R10 IS D/W V/O DT.01.07.2025; NOTICE TO R2(C)(A, B AND D) SERVED & UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.03.2023 PASSED IN R.A.NO.64/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT PAVAGADA AND ETC. - 6 - HC-KAR NC: 2025:KHC:27544 RSA No. 975 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This appeal is filed challenging the judgment and decree dated 13.03.2023 passed in R.A.No.64/2018 on the file of Senior Civil Judge and JMFC, Pavagada. 2. This matter is listed for admission. In the previous occasion, this Court heard the matter since there was a delay of 5 years 3 months 4 days in filing R.A.No.64/2018 and the counsel for the appellants sought time to place on records the documents and hence, the matter was adjourned. Now, the counsel for the appellant filed I.A.No.1/2025 under Order 41 Rule 27 of CPC and relied upon the medical records of the wife of the appellant. On perusal of the medical record, it discloses that the date of admission of the wife of the appellant is 22.07.2015 and date of discharge is 08.08.2015. On going - 7 - HC-KAR NC: 2025:KHC:27544 RSA No. 975 of 2023 through the records, it appears that the Original Suit in O.S.No.37/2012 was dismissed on 24.06.2013 and regular appeal in R.A.No.64/2018 was filed in the year 2018 and document placed on record is also pertains to the wife of the appellant. While filing the appeal, it is not stated that what prevented the appellant from filing the appeal from 2013 to 2018, even though the documents which was produced by the appellant in respect of his wife is of the year 2015 showing that she was suffering from ill-health but there is no proper explanation for filing the appeal belatedly. The document which is placed before this Court also will not comes to the aid of the appellant since the delay is 5 years 3 months 4 days and each day delay has not been explained satisfactorily by the appellant. Hence, I do not find any ground to consider the document which is placed on record since the same is not relevant document to condone the delay. The First Appellate Court also while rejecting the application, comes to the conclusion that to condone the delay of 5 years 3 months 4 days, nothing is - 8 - HC-KAR NC: 2025:KHC:27544 RSA No. 975 of 2023 placed on record except seeking for condonation of delay and no sufficient cause is shown to condone the delay of 5 years 3 months 4 days. When such being the case, no ground is made out to admit this appeal and frame the substantive questions of law. 3. In view of the discussions made above, I pass the following: ORDER The second appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE SN