- 1 - HC-KAR NC: 2025:KHC:42648 RSA No. 1281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1281 OF 2025 (PAR/DEC) BETWEEN: VISHALAKSHAMMA, D/O SIDDAPPA, AGED ABOUT 58 YEARS, R/O KALAVURU VILLAGE, DAVANAGERE TALUK AND DISTRICT-577 001. …APPELLANT (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE) AND: 1. ONKARAPPA, S/O. SIDDAPPA, AGED ABOUT 74 YEARS, 2. KUBERAPPA, S/O SIDDAPPA, AGED ABOUT 64 YEARS, 3. SHANMUKHAPPA, S/O SIDDAPPA, AGED ABOUT 54 YEARS, 4. M. O. NAGARAJ, S/O ONKARAPPA, AGED ABOUT 46 YEARS, R1 TO R4 ARE R/O. KALAVURU VILLAGE, DAVANAGERE TALUK AND DISTRICT-577 001. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42648 RSA No. 1281 of 2025 5. SMT. ANITHA, W/O NAGARAJAPPA, AGED MAJOR, R/O KALAVURU VILLAGE, DAVANAGERE TALUK AND DISTRICT-577 001. …RESPONDENTS THIS RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.10.2016 PASSED IN RA.NO.21/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 01.12.2011 PASSED IN O.S.NO.55/2008 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, DAVANAGERE. 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 IA No.1/2025 and there is a delay of 2403 days in filing the appeal. 2. The reason for the delay is stated that bothers of the appellant has assured her to give her share in the schedule properties as ordered by the trial Court. Under these circumstances, she has not executed the decree. Hence, delay is caused. - 3 - HC-KAR NC: 2025:KHC:42648 RSA No. 1281 of 2025 3. Suit was filed in the year 2008 and appeal was filed in the year 2012 and appeal was disposed of in 2016 and this regular second appeal is filed after 9 years of the disposal of the appeal. The reasons assigned in the affidavit filed in support of the application is not acceptable to condone the delay. Each day delay has to be explained when there is an inordinate delay of 2403 days in filing the appeal. I do not find any ground to condone the delay of 2403 days. Hence IA No.1/2025 is dismissed. In view of the dismissal of the delay application, appeal is also dismissed. Sd/- (H.P.SANDESH) JUDGE RU List No.: 1 Sl No.: 24