- 1 - HC-KAR NC: 2025:KHC:53096 RSA No. 1414 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 1414 OF 2024 (PAR/POS-) BETWEEN: 1. SRI RANGAPPA S/O DASARA GOVINDAPPA AGED ABOUT 73 YEARS 2. SMT. THOLASAMMA, W/O MANGAPPA D/O RANGAPPA AGED ABOUT 48 YEARS OCC. HOUSE HOLD WORK R/O HOSAHALLY VILLAGE MADADAKERE HOBLI HOSADURGA TALUK-577527 3. SHARADAMMA W/O RAJAPPA D/O RANGAPPA AGED ABOUT 46 YEARS R/O MAHABOOB MANZIL DODDA HITTINIA GIRANI J C BADAVANE HOLALKERE TOWN-577526 4. VENKATAPPA @ VENKATESH S/O RANGAPPA AGED ABOUT 44 YEARS 5. THIMMAPPA, S/O RANGAPPA AGED ABOUT 32 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53096 RSA No. 1414 of 2024 6. GOVINDAPPA S/O RANGAPPA AGED ABOUT 40 YEARS 7. DUGGAMMA W/O LATE THIPPESHAPPA AGED ABOUT 58 YEARS PRESENTLY R/O KABBALA VILLAGE HOSADURGA TALUK – 577527 APPELLANTS NO.1, 4 TO 6 AND APPELLANT NO.7 IS NOW ARE AGRICULTURISTS R/O MAVINAKATTE VILLAGE HOSADURGA TALUK – 577 527 …APPELLANTS (BY SRI KANTHARAJAPPA M G, ADVOCATE) AND: 1. MANJUNATHA S/O LATE THIPPESHAPPA AGED ABOUT 36 YEARS 2. ANNAPPA S/O LATE THIPPESHAPPA AGED ABOUT 35 YEARS 3. VENKATESH S/O LATE THIPPESHAPPA AGED ABOUT 34 YEARS 4. SMT. NAGARATHNAMMA W/O LATE THIPPESHAPPA AGED ABOUT 48 YEARS ALL ARE MERCHANTS R/O NETAJI CIRCLE J.P.NAGAR BEHIND MOHAN'S SHOP - 3 - HC-KAR NC: 2025:KHC:53096 RSA No. 1414 of 2024 SAGARA ROAD SHIMOGGA-577201 5. KESHAVAPPA S/O LATE RAMAPPA AGED ABOUT 73 YEARS OCC. AGRICULTURIST R/O MAVINAKATTE VILLAGE HOSADURGA TALUK-577527 6. LAKSHMAPPA S/O LATE RAMAPPA AGED ABOUT 58 YEARS OCC. AGRICULTURIST R/O GORAVINAKALLU VILLAGE HOSADURGA TALUK-577527 …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.01.2018 PASSED IN R.A.NO.80/2016 (OLD NO.38/2013) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HOSADURGA AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH - 4 - HC-KAR NC: 2025:KHC:53096 RSA No. 1414 of 2024 ORAL JUDGMENT Heard the learned counsel appearing for the appellants on I.A.No.1/2025 wherein prayer is sought to condone the delay of 1628 days in preferring the above appeal. 2. The Trial Court granted the relief of half share in the suit schedule property in O.S.No.10/2008 and the said judgment of the Trial Court is confirmed by the First Appellate Court in R.A.No.80/2016 vide order dated 29.01.2018. 3. The counsel for the appellants, in paragraph 4 of the affidavit filed in support of the application, it is stated that the advocate had informed him about the disposal of the appeal in the month of February, 2018 and he obtained the certified copy of the order in the month of August 2024 and then he has to file an appeal. 4. Having taken note of the reason assigned in the affidavit, it is very clear that in the month of January, 2018 the first appeal was disposed of and the same was informed by the counsel in the month of February, 2018 itself. Though, it is contended that in view of the COVID-19, he could not contact - 5 - HC-KAR NC: 2025:KHC:53096 RSA No. 1414 of 2024 his advocate. But COVID-19 came into effect only in the month of March 2020 and even after the period of COVID-19 also, not preferred the appeal and no reasons are assigned for condonation of delay in preferring this second appeal. This is the second appeal against the granting of half sale in the suit schedule property in a case of partition and the same is also confirmed by the First Appellate Court in 2018 and almost after 6 years, the present appeal is filed. The reasons assigned in the affidavit is not satisfactory since sufficient cause is not shown to condone the delay in filing the second appeal. Hence, I do not find any ground to condone the delay of 1628 days in filing this appeal. Hence, I.A.No.1/2025 is dismissed. Consequently, the second appeal is also dismissed. 5. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands dismissed. Sd/- (H.P.SANDESH) JUDGE SN