- 1 - HC-KAR NC: 2026:KHC:10259 RSA No. 1330 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1330 OF 2024 (PAR) BETWEEN: 1. MAHADEVAIAH SON OF LATE BASVAVAIAH, AGED ABOUT 63 YEARS, 2. CHIKKABASAMMA DAUGHTER OF LATE BASVAVAIAH, AGED ABOUT 54 YEARS, 3. SHARADA WIFE OF MAHADEVAIAH, AGED ABOUT 55 YEARS, ALL ARE RESIDENTS OF MALAVALLI, KASABA HOBLI GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT. 571111. …APPELLANTS (BY SRI NAVEEN SHANKAR, ADVOCATE FOR SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. S KOWSHALYA DAUGHTER OF M B SIDDARAJU, AGED ABOUT 26 YEARS, 2. S LAVANYA DAUGHTER OF M B SIDDARAJU AGED ABOUT 24 YEARS, 3. S SUCHITHRA DAUGHTER OF M B SIDDARAJU AGED ABOUT 22 YEARS, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10259 RSA No. 1330 of 2024 RESPONDENT NOS.1 TO 3 ARE THE RESIDENTS OF NO.106, 4TH CROSS, ASHOKAPURAM, NANJANGUD TOWN - 570301. 4. RACHAIAH SON OF LATE BASVAIAH AGED ABOUT 61 YEARS, 5. M B SIDDARAJU SON OF LATE BASVAVAIAH AGED ABOUT 57 YEARS, RESPONDENT NOS.4 AND 5 ARE THE RESIDENTS OF MALAVALLI, KASABA HOBLI GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT - 571111. 6. B S RAMESH SON OF ANGADI SIDDANNA, AGED ABOUT 58 YEARS, RESIDENT OF BADANAVALU VILLAGE, KASABA HOBALI, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT - 571111. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.07.2019 PASSED IN RA NO.01/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.12.2018 PASSED IN OS NO.41/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GUNDLUPETE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10259 RSA No. 1330 of 2024 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT I.A.no.1/2024 is filed for condonation of 1075 days in filing Appeal. 2. Sri Naveen Shankar, learned counsel appearing for Sri Hiremathad Maheshiah Rudrayya, Advocate for appellant, submitted that Appeal was by defendants no.2, 4 and 6, aggrieved by divergent finding of First Appellate Court dated 18.07.2019 passed in R.A.no.1/2019. It was submitted that first appeal was disposed of on 18.07.2019 and result was communicated to appellants in first week of September, 2019 and they requested counsel representing them in said matter to apply for certified copy. But said counsel had not applied for certified copies till February, 2020 and though he was stated to have filed application, copy was not handed over to them and then COVID-19 pandemic struck. Thereafter counsel applied for fresh certified copy on 02.11.2023, secured it on 17.11.2023 and appellants collected it in first week of December. But thereafter due to financial constraints and efforts for settlement of dispute appeal could not be filed till April, 2024. It is stated - 4 - HC-KAR NC: 2026:KHC:10259 RSA No. 1330 of 2024 that ill-health, pandemic and financial constraints had led to delay and seeks for condonation. 3. Heard learned counsel for appellants. Perused application and affidavit. 4. As noted above, there is a delay of 1075 days' delay in filing appeal. It is seen that appellants were clearly aware of passing of judgment by First Appellate Court. Though they stated that certified copy was not applied for, there is no statement about any notice having been issued to counsel or alternative efforts for obtaining copy. Even after obtaining certified copy later there is unexplained delay. Though it is stated that efforts for settlement were being made, particulars are not mentioned. Appellants are relying on vague and omnibus explanation when there is enormous delay. In view of absence of sufficient and convincing reasons for delay, I.A.no.1/2024 is dismissed. Consequently, Appeal is dismissed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 16 CT-RCK