- 1 - HC-KAR NC: 2026:KHC:27267 RSA No. 162 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 162 OF 2021 (INJ) BETWEEN: 1. THE ASST. EXECUTIVE ENGINEER PWD BUILDING DIVISION NAZARBAD MOHALLA MYSURU - 570 010. 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU - 570 001. 3. THE TAHASILDAR MYSURU TALUK MYSURU - 570 005. 4. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001. …APPELLANTS (BY SRI. KIRAN KUMAR, HCGP) AND: 1. THE MYSURU TALUK INDUSTRIAL CO-OPERATIVE SOCIETY LTD., OFFICE SITUATE AT VISHWESHWARAIAH SADANA Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27267 RSA No. 162 of 2021 IN FRONT OF SUB-REGISTRAR OFFICE NEAR TALUK OFFICE, NAZARBAD MOHALLA, MYSURU - 570 010, REPRESENTED BY ITS SECRETARY. 2. THE TALUK EXECUTIVE OFFICER, MYSURU TALUK PANCHAYAT, MYSURU - 570 005. …RESPONDENTS (VIDE ORDER DATED 25.10.2021, NOTICE TO R1 HELD SUFFICIENT NOTICE TO R2 IS SERVED AND UNEPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.10.2015 PASSED IN RA.No.1154/2010 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.08.2008 PASSED IN OS.No.377/2004 ON THE FILE OF THE III ADDITIONAL I CIVIL JUDGE (JR.DN) AND JMFC, MYSORE. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:27267 RSA No. 162 of 2021 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard Sri.Kiran Kumar, learned High Court Government Pleader for the appellants. None appears for the respondents. 2. I.A.No.1/2020 is filed to condone the huge delay of 1553 days in filing the appeal. Application is supported by the affidavit of officer of the appellants by name Sri.Jagadhisha L. 3. In the affidavit, it is contended that after the case stood disposed off, District Government Pleader wrote a letter to the Principal Secretary to Government, Department of Law, Vidhana Soudha for permission to file present second appeal on 23.11.2015 but to obtain necessary permission, there was a delay and as such, delay in filing the appeal is to be condoned. 4. Further, after obtaining the permission, file was misplaced in the office of the legal cell and it was traced recently and thereafter, papers were transmitted to the office of the Advocate General and as such, delay needs to be condoned. - 4 - HC-KAR NC: 2026:KHC:27267 RSA No. 162 of 2021 5. Reasons assigned in the affidavit are not sufficient to cause for condoning the huge delay of 1553 days. 6. Government machinery having sufficient staff and infrastructure, cannot be permitted to contend that file was misplaced and it was traced belatedly which is not a ground to condone the huge delay of 1553 days. What was the action taken against erring officials is not forthcoming on record. No detail as to when exactly file was retraced is also not pleaded. 7. Further, decree passed by the learned Trial Judge is only a bare injunction decree. By the decree of injunction, defendants who are the appellants before this Court were restrained from demolishing the existing building or trespassing into the suit schedule property in any manner. 8. If the contention of the appellants that they are the owners of the property, appellants may take appropriate action in accordance with law to take possession of the property from the plaintiff. 9. Such liberty is always available to the appellants. - 5 - HC-KAR NC: 2026:KHC:27267 RSA No. 162 of 2021 10. Reserving such liberty, this Court does not find any good grounds to condone the huge delay of 1553 days in filing the appeal. 11. Accordingly, the following: ORDER i. I.A.No.1/2020 is dismissed. ii. Consequently, appeal is also dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 2 Sl No.: 43 CT: BHK