- 1 - HC-KAR NC: 2025:KHC:32237 RFA No. 371 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.371 OF 2025 (INJ) BETWEEN: M/S. SRI DURGA PERFUMARY WORKS, NO.121, “PRITHVI BUILDING”, 5TH MAIN ROAD, CHAMRAJPET, BENGALURU, REP. BY ITS MANAGING PARTNER, MR.S.P.KIRAN S/O. MR.S.PADMANABHA, AGED ABOUT 45 YEARS, PIN CODE-560018. …APPELLANT (BY SRI RANGANATH REDDY R., ADVOCATE) AND: MRS. ARUNA RAO S.K., D/O. MR. SRIKANTH RAO, AGED ABOUT 32 YEARS, PROP: M/S. IND AROMA, NO.9, 5TH MAIN, CHAMRAJPET, BENGALURU-560018. …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.02.2020 PASSED IN O.S.NO.8682/2016 ON THE FILE OF III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.25)., DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32237 RFA No. 371 of 2025 ORAL JUDGMENT The present appeal by the plaintiff assailing the judgment and decree dated 01.02.2020 passed in O.S.No.8682/2016 on the file of the III Additional City Civil and Sessions Judge, Bengaluru City (CCH-25) (‘the trial Court’ for short), whereby, the suit of the plaintiff seeking permanent injunction was dismissed and counter claim of the defendant was partly allowed. 2. The said appeal is accompanied by I.A.No.2/2025 seeking to condone the inordinate delay of 1746 days in preferring the present appeal. 3. Heard Sri Ranganath Reddy R, learned counsel for the appellant. 4. In support of I.A.No.1/2025, an affidavit is sworn in by one Sri S.P. Kiran, Managing partner of M/s. Sri Durga Perfumery Works. The relevant portion of the affidavit is culled out and extracted hereunder: - 3 - HC-KAR NC: 2025:KHC:32237 RFA No. 371 of 2025 “3. I submit that I have a good case on merits and I am likely to succeed before this Hon’ble Court. 4. The Appellant respectfully submits that the delay in filing this appeal is due to the reason that the appellant was not well and severely affected due to Covid-19 and was admitted in hospital for several days. And after that the appellant could not follow up with the cases and couldn’t approach the advocate. 5. The Appellant respectfully submits that due to his ill health after being infected by Covid-19 he also could not focus on the business and he incurred huge losses”. 5. The reasons mentioned in the affidavit does not appraise the conscious of this Court more particularly for unexplained delay from 01.02.2020 to 2025 since the suit filed by the appellant was dismissed, the appellant has stated that he was not well and severely affected due to Covid-19 and was admitted in hospital for several days and he could not prefer the appeal within time. When an appeal is preferred, the appellant has to explain each delay in preferring the appeal. The affidavit does not disclose or give - 4 - HC-KAR NC: 2025:KHC:32237 RFA No. 371 of 2025 any explanation for an inordinate delay of 1746 days, the delay is not of a few days but a delay of more than four years. The reasons assigned are not acceptable and the appeal is to be dismissed on the ground of delay and laches. It is well settled position of law that the existence 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 1746 days as well as on merits. Accordingly, I.A.No.1/2025 is dismissed. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 39