- 1 - HC-KAR NC: 2026:KHC:10923 RSA No. 2070 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 2070 OF 2023 (PAR) BETWEEN: SEERATUNNISSA D/O B.M. ISMAIL SHARIFF AGED ABOUT 56 YEARS, COFFEE PLANTER, R/O RATNAGIRI ROAD OPP M.E.S HIGH SCHOOL CHIKKAMAGALURU - 577 101. …APPELLANT (BY SRI. VARAPRASAD K, ADVOCATE) AND: 1. MOHAMMAD NAYEEMULLA SHARIFF S/O B.M. ISMAIL SHARIFF AGED ABOUT 53 YEARS R/O UNITED GARNET 15TH MAIN, 18TH CROSS, J.P. NAGAR, 5TH PHASE BENGALURU - 560 078. 2. MOHAMMAD MAZHARULLA SHARIFF S/O B.M. ISMAIL SHARIFF AGED ABOUT 60 YEARS, COFFEE PLANTER R/O RATNAGIRI ROAD, OPP. MES HIGH SCHOOL CHIKKAMAGALURU - 577 104 AND ALSO AT DUBAI NAGAR CHIKKAMAGALURU - 577 101. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10923 RSA No. 2070 of 2023 3. MOHAMMED ZAFRULLA SHARIFF S/O B.M. ISMAIL SHARIFF AGED ABOUT 55 YEARS R/AT APT NO.401, DELFI: 3, ACROPOLIS NEAR FORUM HOSUR ROAD, BENGALURU - 560 030. 4. KHATONNISSA W/O TAJ AHAMAD KHAN D/O B.M. ISMAIL SHARIFF AGED ABOUT 65 YEARS COFFEE PLANTER R/O RATNAGIRI ROAD, OPP. M.E.S HIGH SCHOOL, CHIKKAMAGALURU - 577 101. 5. ANWERUNNISSA W/O JAVEED FAHIM D/O B M ISMAIL SHARIFF AGED ABOUT 58 YEARS R/O K.R. PURAM, SAMPIGE ROAD, HASSAN - 573 021. 6. SALMA SADIA W/O ANEESULLA AZEZZA GREEN D/O B.M. ISMAIL SHARIFF AGED ABOUT 58 YEARS R/O NO.2, SPENDER ROAD FRAZER TOWN, BENGALURU - 560 005. 7. NAZHATHUNNISA W/O MUTHALIV D/O B.M. ISMAIL SHARIFF AGED ABOUT 51 YEARS COFFEE PLANTER R/O RATNAGIRI ROAD, OPP M.E.S HIGH SCHOOL, CHIKKAMAGALURU - 577 101. 8. NIKHATHUNNISSA W/O JUNEDH AHAMAD KHAN D/O B.M. ISMAIL SHARIFF, AGED ABOUT 50 YEARS, COFFEE PLANTER, R/O RATNAGIRI ROAD, - 3 - HC-KAR NC: 2026:KHC:10923 RSA No. 2070 of 2023 OPP M.E.S HIGH SCHOOL, CHIKKAMAGALURU - 577 101. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2021 PASSED IN RA NO.63/2018 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND ORDER DATED 1.09.2018 PASSED IN FDP NO.11/2014 ON THE FILE OF IST ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT I.A.no.1/2023 is filed for condonation of 548 days' delay in filing appeal. 2. In affidavit filed in support of application, it is stated that this appeal is filed being aggrieved by judgment dated 17.12.2021 passed by II Addl. District and Sessions Judge, Chikkamagaluru, in R.A.no.63/2018. 3. It is stated that said appeal was filed by original plaintiff against order dated 01.09.2018 passed in F.D.P.no.11/2014 It is stated that appellant is also aggrieved by allocation of shares. - 4 - HC-KAR NC: 2026:KHC:10923 RSA No. 2070 of 2023 4. It is seen that appellant herein was respondent no.6 in appeal and was duly represented and aware of judgment filed by First Appellate Court and appeared in FDP Court. Such being case, without filing first appeal, filing of second appeal against original decree would not be tenable. Besides, there is absolutely no explanation for delay, except narration of facts leading to filing of appeal and stating that appellant is having a good case on merits. Hence, there are no grounds to entertain I.A.no.1/2023. Same is rejected. Consequently, Appeal and pending applications are also rejected. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 20