- 1 - HC-KAR NC: 2025:KHC:29176 RFA No. 2254 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 2254 OF 2024 (RES) BETWEEN: 1. NELLURAMMA W/O LATE NAGARAJU AGED ABOUT 43 YEARS 2. MAMATHA D/O LATE NAGARAJU AGED ABOUT 19 YEARS 3. PRARTHANA D/O LATE NAGARAJU AGED ABOUT 11 YEARS THE APPELLANT NO.3 IS MINOR, REPRESENTED BY THEIR NATURAL MOTHER AND MINOR GUARDIAN APPELLANT NO.1. ALL ARE R/O KATHRIKCHALL VILLAGE KANDIKERE HOBLI, C.N.HALLI TALUK TUMAKUR DISTRICT – 572101. …APPELLANTS (BY SRI. GIRISH B.BALADARE, ADVOCATE) AND: 1. EXECUTIVE ENGINEER BESCOM, TIPTUR TUMKURU DISTRICT-572101. …RESPONDENT (BY SRI. DESHPANDE AMIT ANAND, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29176 RFA No. 2254 of 2024 THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 13.03.2017 PASSED IN OS NO.35/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, TIPTUR., PARTLY DECREEING THE SUIT FOR DAMAGES AND COMPENSATION. THIS RFA, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The present appeal by the plaintiffs assailing the judgment and decree dated 13.03.2017 passed in O.S.No.35/2016 on the file of the Senior Civil Judge and JMFC, Tiptur (‘the Trial Court’ for short), whereby, the suit of the plaintiffs seeking compensation from the defendant was decreed by awarding compensation of Rs.11,30,000/- with interest @ 6% p.a. from the date of the suit till the date of realization. Later, the Trial Court has awarded compensation of Rs.13,30,000/- by reviewing the order dated 13.03.2017. - 3 - HC-KAR NC: 2025:KHC:29176 RFA No. 2254 of 2024 2. The said appeal is accompanied by I.A.No.1/2024 seeking to condone the inordinate delay of 1947 days in preferring the present appeal. 3. Heard Sri Girish B. Baladare, learned counsel for the appellants and Dr. Amit Anand Deshpande, learned counsel for the respondent. 4. In support of the application in I.A.No.1/2024, an affidavit is sworn in by one Smt. Nelluramma W/o late Nagaraju, appellant No.1 in the present appeal. The relevant portion of the affidavit is culled out and extracted hereunder: “3. I submit that, after judgment and decree passed by the trial court it is came to know that sum of 2,000,00/- has been deducted in the impugned judgment on the ground that, 2,000,00/- paid to the deceased family members after the death of Nagaraju said fact was clarified that there is no amount received by the appellants from the Respondent, hence judgment is reviewed by order dated 03-02-2018 by awarding the additional amount of Rs 2,00,000/- - 4 - HC-KAR NC: 2025:KHC:29176 RFA No. 2254 of 2024 and total compensation of Rs 13,30,000/- thereafter I am suffering from illness after the judgment hence I have difficulty to contact my advocate and also due to covid-19 I am unable to approach the advocate to file an appeal, later I contacted my advocate he informed me to prefer an appeal because I have got good case on merits, thereafter I am struggling for arrange the funds for preferring this appeal, due to my poverty and financial crises it is very difficult for me to arrange the funds, later with the help of my relative I arrange the money and rushed to Bangalore to prefer an appeal, hence there is a delay in filing this appeal. 4. I submit that, delay is due to my financial difficulties and also mean while I am suffering from illness and due to covid-19 for which I am unable to meet my advocate immediately after judgment it is due to my illiteracy and ignorance, even after the judgment I have not met my advocate due to reason I lost his contact number, recently when I met my advocate then he informed me regarding the judgment of the court, hence there is a delay in preferring this appeal, the reasons assaying above are bonafide and reasons for the delay as stated above. If this application is not allowed - 5 - HC-KAR NC: 2025:KHC:29176 RFA No. 2254 of 2024 then more injustice will caused to me because I have got good case on merits, and also I have no source of income for my livelihood after the death of my husband, hence there is a delay”. 5. The reasons mentioned in the affidavit does not appraise the conscious of this Court more particularly for unexplained delay from 03.02.2018 to 2024 since the suit filed by the appellants was allowed on 13.03.2017 itself, which fact was very much within the knowledge of the appellants as is evident from the affidavit filed along with the application. The appellants have stated that due to financial difficulties and also due to illness, they could not prefer the appeal within time. When an appeal is preferred, the appellants have to explain each delay in preferring the appeal. The affidavit does not disclose or give any explanation for an inordinate delay of 1947 days, the delay is not of a few days but a delay of more than five years. The reasons assigned are not acceptable and the appeal is to be dismissed on the ground of delay and latches. It is well settled position of law that the existence - 6 - HC-KAR NC: 2025:KHC:29176 RFA No. 2254 of 2024 of "sufficient cause" to the satisfaction of the Court is the condition set for the Court to exercise its discretion in the matter of condoning delay. In the circumstances, the cause stated in the affidavit cannot said to be bonafide or sufficient cause. Despite the delay, this Court has examined the appeal on merits to ensure justice is not denied on ground of limitation. There is no merit in the appeal as well. 6. Accordingly, the appeal is dismissed on the ground of delay for having not made out sufficient cause to condone inordinate delay of 1947 days as well as on merits. Accordingly, I.A.No.1/2024 is dismissed. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 36