- 1 - HC-KAR NC: 2025:KHC:35945 RSA No. 1087 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1087 OF 2024 (PAR) BETWEEN: SRI JAVARAIAH S/O. LATE EARAIAH, AGED ABOUT 56 YEARS, R/AT JAVANIKUPPE VILLAGE, DODDABELALU, RAVANDUR HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571 108. …APPELLANT (BY SRI. ROOPESHA B., ADVOCATE) AND: 1. SMT DEVAMMA D/O. LATE EARAIAH, AGED ABOUT 58 YEARS, R/AT PALADAHOSALLI VILLAGE, HANAGODU HOBLI, HUNASURU TALUK, MYSURU DISTRICT - 570 000. 2. SMT. JAVARAMMA D/O. LATE EARAIAH, W/O. LATE DEVAIAH, AGED ABOUT 61 YEARS, R/AT BELGOLA VILLAGE AND HOBLI, RAVANDURU HOBLI AND POST, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 570 000. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35945 RSA No. 1087 of 2024 3. SMT. RATNAMMA W/O. JAVARAIAH, AGED ABOUT 58 YEARS, 4. SRI. JAVAREGOWDA S/O. LATE THIMMEGOWDA, AGED ABOUT 76 YEARS, 5. SRI. MAYIGOWDA S/O. LATE LAKKEGOWDA, AGED ABOUT 70 YEARS, 6. SRI. J. MAHADEVA S/O. JAVAREGOWDA @ T. JAVARAPPA, AGED ABOUT 45 YEARS, 7. SRI. J. LOKESH S/O. JAVAREGOWDA @ T. JAVARAPPA, AGED ABOUT 43 YEARS, RESPONDENTS NO.2 TO 7 ARE R/AT JAVANIKUPPE VILLAGE, DODDABELALU, RAVANDUR HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571 108. …RESPONDENTS (VIDE ORDER DATED 09.09.2025, APPEAL IS DISMISSED AS AGAINST RESPONDENTS NO.1 AND 4 R2, R3 AND R5 ARE SERVED AND UNREPRESENTED SRI. B.S. NAGARAJ, ADVOCATE FOR R6 AND R7 (ABSENT)) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.09.2022 PASSED IN RA NO.9/2021 ON THE FILE OF SENIOR CIVIL JUDGE, PERIYAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.02.2021 PASSED IN OS NO. 356/2014 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, PERIYAPATNA. - 3 - HC-KAR NC: 2025:KHC:35945 RSA No. 1087 of 2024 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri. Roopesha B., learned counsel for the appellant. None appears for the respondent. 2. I.A.No.1/2024 is filed to condone the huge delay of 551 days in filing the appeal. 3. An affidavit is filed in support of the I.A.No.1/2024. Relevant portions are in paragraphs No.3 and 4 which are extracted hereunder for ready reference : "3. after service of summons in I submit that, R.A.No.9/2021 I appeared through my advocate and my advocate was prosecuting the above appeal, after Judgment and decree passed in appeal in R.A.No.9/2021, my advocate informed me through telephonically and asked me to file appeal, during which period I was suffering from ill health, with old age elements like Cardiac and diabatic diseases, as such I was taking treatment, apart from the same I am doing agriculture activities from the above said earning I was leading my life. I have also suffered financial crisis in view of draught - 4 - HC-KAR NC: 2025:KHC:35945 RSA No. 1087 of 2024 season, wherefore immediately I could not take steps to file appeal before this Hon'ble court intime. 4. I state that, with great difficulty I arranged money and contacted my trial court counsel in the 2nd week of June 2024, he informed me to prefer appeal before this Hon'ble court, as I was not aware of advocates in Bengaluru I requested my trial court advocate to accompany me in taking further steps. Thereafter in the 1st week of July 2024 we contacted the present counsel and took steps to prefer an appeal and present appeal has been filed, for the above said bonafide reasons there is a delay in preferring the appeal." 4. This Court granted time for filing the medical records to substantiate the contentions in paragraphs No.3 and 4. However, the appellant has failed to place any medical records. 5. Thus, only on the basis of the self serving testimony in the form of paragraphs No.3 and 4, huge delay of 551 days cannot be condoned. 6. Moreover, the appellant herein did not chose to challenge the decree of the Trial Court before the First - 5 - HC-KAR NC: 2025:KHC:35945 RSA No. 1087 of 2024 Appellate Court nor the present appellant filed any cross objections or cross appeal. 7. Under such circumstances, challenging the order of the First Appellate Court before this Court would not arise. 8. Accordingly, viewed from any angle, there is no merit in the appeal and as such, huge delay of 551 days cannot be condoned. 9. Hence, following Order: ORDER (i) I.A.No.1/2024 is rejected. (ii) Consequently, appeal is also rejected. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 64 ct:BHK