- 1 - HC-KAR NC: 2025:KHC:52219 RSA No. 1044 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1044 OF 2022 (DEC/INJ) BETWEEN: 1. SRI. R.N. SHIVAKUMARASWAMY S/O LATE NANJUNDAPPA AGED ABOUT 43 YEARS R/O RAMADIHALLI VILLAGE DANDINASHIVARA HOBLI TURUVEKERE TALUK TUMKUR DISTRICT-572215 …APPELLANT (BY SRI. NAGARAJA S., ADVOCATE) AND: 1. SRI. R.S. SHIKHARESH @ SHEKHARESHWARA S/O LATE NANJUNDAPPA AGED ABOUT 43 YEARS 2. SMT. R.S. NAGARATHNA D/O SIDDAMALLAIAH W/O M.B. SHIVAKUMARASWAMY AGED ABOUT 68 YEARS BOTH RESPONDENTS NO.1 AND 2 ARE R/O RAMADIHALLI VILLAGE DANDINASHIVARA HOBLI TURUVEKERE TALUK TUMKUR DISTRICT-572215. 3. SRI NANDEESH @ M. SANDEEP S/O MARISIDDEGOWDA Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52219 RSA No. 1044 of 2022 AGED ABOUT 42 YEARS G. AMNCHEHALLI VILLAGE DANDINASHIVARA HOBLI TURUVEKERE TALUK TUMKUR DISTRICT-572215. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.12.2016 PASSED IN RA.No.3/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.12.2013 PASSED IN OS.No.160/2010 ON THE FILE OF THE CIVIL JUDGE AND JMFC, TURUVEKERE. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. Heard the learned counsel for the appellant on I.A.No.1/2022 and there is a delay of 1213 days in filing the second appeal. 2. The counsel appearing for the appellant brought to notice of this Court suit is filed for the relief of declaration and permanent injunction in respect of the suit schedule property. The Appellate Court was pleased to dismiss the appeal in the year 2016. In support of the application, an affidavit is filed, in paragraph No.5 of the - 3 - HC-KAR NC: 2025:KHC:52219 RSA No. 1044 of 2022 affidavit, it is stated that counsel who was appearing before the lower Court has not intimated about the judgment and decree passed in the First Appellate Court and whenever he called him, he used to tell that appeal is pending and he came to know about the status of the case recently in the year 2020 and he got confirmed the same. Since Covid-19 pandemic, he could not meet the advocate in Bangalore and when he handed over the papers to the present counsel, he came to know that certified copy of judgment and decree of O.S.No.160/2010 is not obtained and thereafter he obtained the certified copy of the same. In the meanwhile, he was not feeling well due to preoccupied work, he could not sign the papers to file the appeal in time which was prepared by his counsel and there is a bonafide mistake. 3. Having considered the grounds which have been urged, it is the sworn affidavit of the appellant that advocate did not inform the same, but appeal was disposed of in the year 2016 and till 2020, what prevented - 4 - HC-KAR NC: 2025:KHC:52219 RSA No. 1044 of 2022 him in contacting the advocate, no explanation on the part of the appellant and also says that he came to know about the same in the year 2020 and an appeal was filed in the month of July-2022 and in order to explain the delay invoked the reason of Covid – 19 pandemic that he could not move and even also after entrusting the paper to the advocate, he says that he could not sign the papers and he was not feeling and in order to substantiate the same, nothing is placed on record, except the bald statement in the affidavit and also having perused the material available on record, suit is filed for the relief of declaration and permanent injunction and the Trial Court dismissed the same and Appellate Court confirmed the judgment of the Trial Court. Having taken note of the said fact into consideration, there is no sufficient cause and explanation for the delay of 6 years and I do not find any ground to condone the delay and hence, I.A.No.1/2022 is dismissed. Consequently, second appeal is dismissed. - 5 - HC-KAR NC: 2025:KHC:52219 RSA No. 1044 of 2022 4. In view of dismissal of the appeal, I.As., if any do not survive for consideration, the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 30