- 1 - HC-KAR NC: 2025:KHC:49351 RSA No. 1486 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1486 OF 2024 (PAR) BETWEEN: 1. MALLIKARJUNAPPA, S/O LATE MARUDAPPA, AGED ABOUT 75 YEARS, AGRICULTURIST, R/O JAGALURU - 577528 DAVANAGERE DISTRICT. …APPELLANT (BY SRI. VIJAYAKUMAR S.C., ADVOCATE) AND: 1. SHIVAMURTHY, S/O LATE JAYAMMA, AGED ABOUT 39 YEARS. 2. RAVIKUMAR, S/O LATE JAYAMMA, AGED ABOUT 38 YEARS. BOTH RESPONDENTS NO.1 AND 2 ARE R/AT NEAR LAKSHMI TEMPLE, BHOVI COLONY, J.C.R. EXTENSION, JAGALURU – 577528, DAVANAGERE DISTRICT. 3. JAYAMMA, W/O LATE VENAKTESH, D/O SANNATHIMMANNA, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49351 RSA No. 1486 of 2024 AGED ABOUT 55 YEARS, AGRICULTURIST, J.C.R. EXTENSION, JAGALURU – 577528, DAVANAGERE DISTRICT. 4. SMT. KRISHNAVENI, W/O N.T. PAKEERAPPA, AGED ABOUT 84 YEARS, PRESENTLY R/AT NEAR LAKSHMI TEMPLE, BHOVI COLONY, J.C.R. EXTENSION, JAGALURU – 577528, DAVANAGERE DISTRICT. 5. SMT. HANUMAKKA, W/O LATE SRINIVASA, AGED ABOUT 82 YEARS. 6. KUM. SUMA, D/O LATE SRINIVASA, AGED ABOUT 47 YEARS. 7. LOKESHA, S/O LATE SRINIVASA, AGED ABOUT 48 YEARS. RESPONDENTS NO.5 TO 7 ARE R/AT NEAR LAKSHMI TEMPLE, BHOVI COLONY, J.C.R. EXTENSION, JAGALURU – 577528, DAVANAGERE DISTRICT. 8. KATAPPA, S/O LATE GUDDADA MARIYAPPA, S/O LATE THIPPAMMA, AGED ABOUT 72 YEARS. 9. THIPPAIAH, S/O LATE GUDDADA MARIYAPPA, S/O LATE THIPPAMMA. AGED ABOUT 69 YEARS. - 3 - HC-KAR NC: 2025:KHC:49351 RSA No. 1486 of 2024 10. CHANDRAPPA, S/O LATE GUDDADA MARIYAPPA, S/O LATE THIPPAMMA, AGED ABOUT 62 YEARS. RESPONDENTS NO.8 TO 10 ARE R/O GOLLARAHATTI VILLAGE, JAGALURU TALUK-577528, DAVANAGERE DISTRICT. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.08.2024 PASSED IN R.A.NO.112/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE DAVANAGERE, DISMISSING THE APPEAL AND FILED AGAINST THE ORDER DATED 19.12.2005 PASSED IN FDP NO.9/1999 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN), DAVANAGERE. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This matter is listed for admission. Heard the learned counsel for the appellant. 2. The First Appellate Court dismissed the appeal on the ground that there was a delay of 12 years in filing the appeal. The FDP proceedings was disposed of on 19.12.2005 and the appeal is filed challenging the said order in 2017 and no explanation is given regarding delay is concerned. The - 4 - HC-KAR NC: 2025:KHC:49351 RSA No. 1486 of 2024 same is considered by the First Appellate Court in paragraph Nos.12, 13, 14, 15 and 16 and comes to the conclusion that no sufficient reason is assigned and dismissed the appeal. 3. Being aggrieved by the said order, the present second appeal is filed before this Court. 4. There was an inordinate delay of 12 years in filing the appeal before the First Appellate Court as against the order of FDP passed on 19.12.2005. The first appeal was filed in 2017, almost after 12 years and no sufficient cause is shown and each day’s delay has not been explained by the appellant. The Hon’ble Apex Court in its recent judgment in the case of SHIVAMMA (DEAD) BY LRS. v. KARNATAKA HOUSING BOARD AND OTHERS reported in 2025 SCC Online SC 1969, has held that the Court cannot decide the matter on merits unless the limitation is explained and when sufficient cause is not shown to condone the delay, the question of entertaining the delayed appeal does not arise. Hence, I do not find any ground to consider the same and when the delay is not explained before the First Appellate Court for a period of 12 years, no ground is made out to admit the second appeal and - 5 - HC-KAR NC: 2025:KHC:49351 RSA No. 1486 of 2024 frame any substantial question of law invoking Section 100 of CPC. 5. In view of the discussions made above, I pass the following: ORDER The second appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 31