- 1 - HC-KAR NC: 2025:KHC:46927 RSA No. 70 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.70 OF 2025 (SP) BETWEEN: 1. H.N. MANJUNATH S/O LATE N.M.NARASIMHAIAH @ GATE NARASIMHAPPA BUILDING CONTRACTOR AGED ABOUT 59 YEARS R/AT NEAR NANDI VIEW LAYOUT KUPPALI VILLAGE, NANDI HOBLI CHIKKABALLAPUR TALUK-562101. …APPELLANT (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. N. NAGARAJ SINCE DEAD BY LRS. SMT. K.S. ARUNA W/O LATE NAGARAJA AGED ABOUT 55 YEARS 2. SRI. N. GAGAN S/O LATE NAGARAJ AGED ABOUT 30 YEARS 3. SRI. N. DANUSH S/O LATE NAGARAJ AGED ABOUT 27 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46927 RSA No. 70 of 2025 ALL ARE R/AT NO.424, KORAMARAPET NEAR OLD BUS STAND CHIKKABALLAPUR-562 101. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE ORDER DATED 24.09.2024 PASSED IN R.A.NO.87/2023 PASSED ON IA NO.1 IN R.A.NO.87/2023 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, DISMISSING THE IA NO.I FILED UNDER SECTION 5 OF THE LIMITATION ACT AND FILED AGAINST THE JUDGEMENT AND DECREE DATED 22.04.2017 PASSED IN O.S.NO.65/2015 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, CHIKBALLAPUR. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. This matter is listed for admission. Heard the learned counsel for the appellant. 2. This second appeal is filed against the concurrent finding. The factual matrix of case of the plaintiff/respondent before the Trial Court that an agreement of sale was executed on 19.11.2012 and received an amount of Rs.5,00,000/- against Rs.6,00,000/- and thereafter he did not come forward to - 3 - HC-KAR NC: 2025:KHC:46927 RSA No. 70 of 2025 execute the sale deed and hence, he issued the legal notice. Thereafter, he did not comply with the demand and hence, filed the suit for specific performance. In order to substantiate his case, he examined himself P.W.1 and also examined other witness as P.W.2 and got marked Ex.P.1 to Ex.P.4. Both the witnesses have not cross-examined and even not lead any evidence before the Trial Court and hence, the Trial Court considering the material available on record, granted the relief of specific performance. Though this judgment was passed on 22.04.2017, an appeal is filed in the year 2023 after lapse of 6 years 5 months and inordinate delay of 2990 days and already sale deed also executed in execution No.39/2017 dated 26.07.2019 and also not approached the Court immediately, no sufficient reason was given and hence, the First Appellate Court taking into note of inordinate delay of 6 years 5 months in preferring the appeal and also having taken note of the fact that already sale deed was executed in the year 2019 itself and sufficient reasons - 4 - HC-KAR NC: 2025:KHC:46927 RSA No. 70 of 2025 are not given to condone the delay and hence, I.A is dismissed and consequently, appeal also dismissed. 3. In the present second appeal, the learned counsel for the appellant contend that both the Courts have committed an error in not considering the material. The counsel would vehemently contend that the Trial Court has erred in law in holding that plaintiffs was ready and willing to perform his part of contract and in granting the relief of specific performance. The plaintiff failed to act upon by issuing the notice to the defendant before 11 months period from 19.11.2012. Hence, this Court has to take note of even First Appellate Court not considered the case on hand and dismissed the appeal only on the ground that no sufficient grounds to condone the delay. 4. Having heard the learned counsel for the appellant and also on perusal of material available on record, particularly considering the reasoning of the Trial Court with regard to the agreement is concerned and also though defense was taken that it was only a loan - 5 - HC-KAR NC: 2025:KHC:46927 RSA No. 70 of 2025 transaction and not the sale transaction, in order to substantiate the same, neither cross-examined the P.W.1 and P.W.2 nor adduced any evidence and even appeal is filed belatedly after 6 years 5 months and in the meanwhile already sale deed was also executed in the execution proceedings in the year 2019 and when such material taken note of by the Trial Court as well as the First Appellate Court, I do not find any ground to admit and frame substantive question of law. The person who approach the Court has to explain the delay and there is an inordinate of 6 years 5 months and the same is also not substantiated. The Apex Court recently held in the judgment of Shivamma’s case reported in 2025 held that a litigant who slept over for years cannot come and seek the relief before the Court and Court also while considering the delay must see the reasons assigned for condonation of delay and not to consider the matter on merits as held in paragraph Nos.140, 141 and 142 of the said judgment and lethargic person cannot be encouraged by condoning - 6 - HC-KAR NC: 2025:KHC:46927 RSA No. 70 of 2025 the delay. Hence, I do not find any ground to entertain second appeal when the delay has not been explained. The First Appellate Court rightly dismissed the same on the ground of delay. 5. In view of the discussions made above, I pass the following: ORDER Second Appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 55