- 1 - NC: 2025:KHC-D:2780 RSA No. 100780 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100780 OF 2024 (PAR/POS-) BETWEEN: SHASHIKUMAR S/O. SOMANNA SAKKARANAVVAR, AGE: 32 YEARS, OCCUPATION: STUDENT NOW AGRICULTRE, R/O: GOTAGODI VILLAGE, TQ: SHIGGAON, DISTRICT: HAVERI. …APPELLANT (BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE) AND: 1. SMT. YALLAVVA W/O. NAGAPPA NEERALAGI, AGE 64 YEARS, OCCUPATION: HOUSE HOLD, R/O: KUNNUR VILLAGE, TQ: SHIGGAON, DISTRICT: HAVERI – 581205. 2. NINGAPPA S/O. SHIVAPPA SAKKARANAVAR, SINCE DECEASED R/BY HIS LEGAL HEIRS NAGARAJ S/O. NINGAPPA SAKKARANAVAR AGE. 40 YEARS, OCC. AGRICULTURE, R/O. CHIKKABENDIGERI VILLAGE, TQ. SHIGGAON, DISTRICT. HAVERI-581205 3. PRAKASH S/O. NINGAPPA SAKKARANAVAR AGE. 36 YEARS, OCC. AGRICULTURE, R/O. CHIKKABENDIGERI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.15 12:21:22 +0530 - 2 - NC: 2025:KHC-D:2780 RSA No. 100780 of 2024 4. SHIVANAND S/O. NINGAPPA SAKKARANAVAR AGE. 27 YEARS, OCC. AGRICULTURE, R/O. CHIKKABENDIGERI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 5. SMT. KAMALAKSHI W/O. LAXMAN BENGERRI, AGE. 30 YEARS, OCC. AGRICULTURE, R/O. MUGALLI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 6. SMT. BHAGIRATHI W/O. SHARANAPPA PATTED, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. RATIGAVAD VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD-581205. 7. SUBHASH S/O. SHIVAPPA SAKKARANNAVAR, AGE ABOUT 51 YEARS, OCC. AGRICULTURE, R/O. GOTAGODI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 8. SOMANNA S/O. SHIVAPPA SAKKARANNAVAR SINCE DECEASED R/BY HIS LEGAL HEIRS SMT. RENUKA W/O. SOMAPPA SAKKARANNAVAR, AGE ABOUT 43 YEARS, OCC. HOUSEHOLD, R/O. GOTAGODI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 9. KUMARI. SANGEETA D/O. SOMMAPPA SAKKARANNAVAR, AGE ABOUT 24 YEARS, - 3 - NC: 2025:KHC-D:2780 RSA No. 100780 of 2024 OCC. HOUSEHOLD, R/O. GOTAGODI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205 NOW AT KINNORU VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 10. KUMARI. GEETA D/O. SOMMAPPA SAKKARANNAVAR, AGE ABOUT 34 YEARS, OCC. HOUSEHOLD, R/O. GOTAGODI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205 NOW AT KINNORU VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 11. SMT. SAROJA W/O. SOMMAPPA SAKKARANNAVAR AGE ABOUT 57 YEARS, OCC. HOUSEHOLD, R/O. GOTAGODI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 12. SMT. BHARATI ALIAS SHASIKALA W/O. UMESH NIRALAGI, AGE ABOUT 36 YEARS, OCC. HOUSEHOLD, R/O. GOTAGODI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 13. KUMARI. MADHU D/O. SOMMAPPA SAKKRANNAVAR, AGE ABOUT 29 YEARS, OCC. STUDENT, R/O. GOTAGODI VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581205. 14. SMT. SHARAVVA W/O. BHARAMAPPA DUNDUR, AGE ABOUT 69 YEARS, - 4 - NC: 2025:KHC-D:2780 RSA No. 100780 of 2024 OCC. AGRICULTURE, R/O. VAKKALIGAR ONI, TQ. BETAGERI, DIST. GADAG. …RESPONDENTS ------- THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO, CALL FOR RECORDS, PERUSE THE SAME AND SET ASIDE THE JUDGMENT AND DECREE DATED 29.08.2018 PASSED IN RA NO.83/2017 (OLD RA NO.64/2016) BY SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SHIGGAON, REJECTING THE JUDGMENT AND DECREE DATED 04.04.2016 PASSED BY THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SHIGGAON, IN O.S NO.130/2010, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT This appeal is preferred by the defendant No.5 challenging the judgment and decree dated 29.08.2018 in R.A.No.83/2017 (Old R.A.No.64/2016) on the file of the Senior Civil Judge and JMFC, Shiggaon (for short “the First Appellate Court”) setting aside the judgment and decree dated 04.04.2016 in O.S.No.130/2010 on the file of the Civil Judge and JMFC, Shiggaon (for short “the Trial Court”) dismissing the suit of the plaintiff. - 5 - NC: 2025:KHC-D:2780 RSA No. 100780 of 2024 2. As there is a delay of 1432 days in filing the appeal, the appellant has filed I.A.No.1/2024 seeking condonation of delay. 3. Heard Sri.Rajashekhar B Halli, learned counsel appearing for the appellant on delay of 1432 days in filing the appeal. 4. The reasons assigned by the appellant for condonation of delay of 1432 days is as culled out in paragraph 4 of the affidavit accompanying the application. It is stated that the First Appellate Court has committed an error and FDP No.1/2019 is filed before the Trial Court and Court Commissioner has been appointed for division of the properties. 5. On careful examination of paragraph 4 of the affidavit filed in support of the application makes it clear that the reasons assigned in the said paragraph does not cover the field as ‘sufficient cause’ under Section 5 of the Limitation Act. Accordingly, following the declaration of law made by the Hon’ble Supreme Court in the case of Mool Chandra v. Union of India and another1, as bonafide reasons have not been 1 (2025) 1 SCC 625 - 6 - NC: 2025:KHC-D:2780 RSA No. 100780 of 2024 given in the affidavit accompanying the application and taking into consideration the reasons stated in the affidavit, I find that the appellant was not diligent in approaching the Court at the earliest and has approached this Court with inordinate delay and therefore, I.A.No.1/2024 is dismissed. Consequently, the appeal fails. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 1 Sl No.: 11