- 1 - HC-KAR NC: 2025:KHC:31198 RSA No. 453 of 2025 C/W RSA No. 450 of 2025 RSA No. 459 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 453 OF 2025 (MON-) C/W REGULAR SECOND APPEAL NO. 450 OF 2025 REGULAR SECOND APPEAL NO. 459 OF 2025 IN RSA No. 453/2025 BETWEEN: SRI. M. C. KUBERAPPA S/O. LATE UJJINI M.G. CHANDRAPPA, AGED ABOUT 54 YEARS, R/O. NEAR MASIYHAMMA TEMPLE, OPPOSITE TO GADRI PALANAYAKA TEMPLE, TURUVANURU VILLAGE (AT AND POST), CHITRADURGA TALUK AND DISTRICT- 577 501 …APPELLANT (BY SRI. JAGAN MOHAN M T., ADVOCATE) AND: 1. SMT. PARVATHAMMA U M W/O. LATE M. MADHUSUDHAN, AGED ABOUT 43 YEARS, R/O. HOUSE NO. 9, 1ST BLOCK, VISHWANAGARA, NEAR SAMBRAMA COLLEGE, HESARUGHATTA MAIN ROAD, VIDYARANYAPURA POST, BENGALURU-560 097. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31198 RSA No. 453 of 2025 C/W RSA No. 450 of 2025 RSA No. 459 of 2025 PRESENTLY RESIDING AT C/O. UJJINI LAKSHMAKKA, NEAR TAMARIND TREE KURUBARA BEEDI, TURUVANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT-577 501. …RESPONDENT (BY SRI. RAVI J S., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF CIVIL PROCEDURE CODE PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 28.08.2023 PASSED BY THE LEARNED PRL.SENIOR CIVIL JUDGE AT CHITRADURGA IN R.A.NO.44/2022, AND CONFIRM THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN O.S.NO. 290/2020 DD DATED 14/09/2022, AND ETC. IN RSA NO. 450/2025 BETWEEN: SRI. M. C. KUBERAPPA S/O. LATE UJJINI M.G. CHANDRAPPA, AGED ABOUT 54 YEARS, R/O. NEAR MASIYHAMMA TEMPLE, OPPOSITE TO GADRI PALANAYAKA TEMPLE, TURUVANURU VILLAGE (AT AND POST), CHITRADURGA TALUK AND DISTRICT- 577501. ...APPELLANT (BY SRI. JAGAN MOHAN M T., ADVOCATE) AND: SMT PARVATHAMMA U.M. W/O. LATE M. MADHUSUDHAN, AGED ABOUT 43 YEARS, R/O. HOUSE NO. 9, 1ST BLOCK, VISHWANAGARA, NEAR SAMBRAMA COLLEGE, HESARUGHATTA MAIN ROAD, VIDYARANYAPURA POST, BENGALURU-560 097. - 3 - HC-KAR NC: 2025:KHC:31198 RSA No. 453 of 2025 C/W RSA No. 450 of 2025 RSA No. 459 of 2025 PRESENTLY RESIDING AT C/O. UJJINI LAKSHMAKKA, NEAR TAMARIND TREE KURUBARA BEEDI, TURUVANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT-577 501. ...RESPONDENT (BY SRI. RAVI J S., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF CIVIL PROCEDURE CODE PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 28.08.2023 PASSED BY THE LEARNED PRL.SENIOR CIVIL JUDGE AT CHITRADURGA IN R.A.NO.44/2022, AND CONFIRM THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN O.S.NO. 290/2020 DD DATED 14/09/2022, AND ETC. IN RSA NO. 459/2025 BETWEEN: SRI M C KUBERAPPA S/O. LATE UJJINI M.G. CHANDRAPPA, AGED ABOUT 54 YEARS, R/O. NEAR MASIYHAMMA TEMPLE, OPPOSITE TO GADRI PALANAYAKA TEMPLE, TURUVANURU VILLAGE (AT AND POST), CHITRADURGA TALUK AND DISTRICT. ...APPELLANT (BY SRI. JAGAN MOHAN M T., ADVOCATE) AND: SMT PARVATHAMMA.U.M W/O. LATE M. MADHUSUDHAN, AGED ABOUT 43 YEARS, R/O. HOUSE NO. 9, 1ST BLOCK, VISHWANAGARA, NEAR SAMBRAMA COLLEGE, HESARUGHATTA MAIN ROAD, VIDYARANYAPURA POST, BENGALURU-560 097. - 4 - HC-KAR NC: 2025:KHC:31198 RSA No. 453 of 2025 C/W RSA No. 450 of 2025 RSA No. 459 of 2025 PRESENTLY RESIDING AT C/O. UJJINI LAKSHMAKKA, NEAR TAMARIND TREE KURUBARA BEEDI, TURUVANURU VILLAGE, CHITRADURGA TALUK AND DISTRICT-577 501. ...RESPONDENT (BY SRI. RAVI J S.,ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 2 OF CIVIL PROCEDURE CODE PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 28.08.2023 PASSED BY THE LEARNED PRL.SENIOR CIVIL JUDGE AT CHITRADURGA IN R.A.NO.44/2022, AND CONFIRM THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN O.S.NO. 290/2020 DD DATED 14/09/2022, AND ETC. THESE APPEALS, COMING ON FOR FURHTER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri. Jagan Mohan M.T., learned counsel for the appellant and Sri. Ravi J.S., learned counsel for the respondent. 2. In all these three appeals, there is a delay of 459 days in filing the appeal. Reasons assigned by the appellant for condonation of delay is that appellant was suffering from ill-health and had financial difficulty. He - 5 - HC-KAR NC: 2025:KHC:31198 RSA No. 453 of 2025 C/W RSA No. 450 of 2025 RSA No. 459 of 2025 could not arrange court fee in a sum of Rs.60,575/- in respect of all the three appeals and therefore delay needs to be condoned. 3. To support the contentions urged in the affidavit with regard to the illnesses is concerned, there is no material produced as to what was the type of illness that the appellant suffered which prevented him from approaching this Court in time. 4. No medical certificate, nor the doctor's advice, nor prescription having taken the medicines for the alleged illness is annexed along with the affidavit to substantiate the contentions urged in the affidavit. 5. Further, insofar as financial difficulty is concerned, in view of the provisions of the Legal Services Act, 1987, persons who are unable to pay the court fee may approach the Karnataka State Legal Services Authority with a plain paper affidavit requesting the authority to permit the appellant to engage the services of - 6 - HC-KAR NC: 2025:KHC:31198 RSA No. 453 of 2025 C/W RSA No. 450 of 2025 RSA No. 459 of 2025 a counsel free of cost and to pay the court fee by the Legal Services Authority itself. No such attempt has been made by the appellant. 6. Further, the suit is one for recovery of money which was dismissed by the Trial Court even in the absence of the cross examination by the appellant. 7. Learned judge in the First Appellate Court on re-appreciation of material on record, decreed the suit of the plaintiff for recovery of the money. 8. Before this court also no amount is deposited towards decreetal claim so as to entertain the appeal on merits. 9. Taking note of these aspects of the matter, huge delay of 459 days cannot be condoned based on vague and bald affidavit. - 7 - HC-KAR NC: 2025:KHC:31198 RSA No. 453 of 2025 C/W RSA No. 450 of 2025 RSA No. 459 of 2025 10. Accordingly, I.A.1/2025 is dismissed. Consequently all the appeals are dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 30