- 1 - HC-KAR NC: 2026:KHC:35009 RSA No. 247 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 247 OF 2022 (INJ) BETWEEN: H U PADMA AGED ABOUT 69 YEARS W/O M P MAHADEVAIAH RESIDING AT MALIYUR VILLAGE HARVE HOBLI CHAMARAJNAGAR TALUK AND DISTRICT-571313. …APPELLANT (BY SRI SRIKAR KRISHNA FOR SRI SAMPATH A, ADVOCATES) AND: 1. CHANNABASAPPA @ BHOGAMMANA CHANNABASAPPA AGED MAJOR S/O BASAPPA 2. MAHADEVAPPA @ PARARI MAHADEVAPPA AGED MAJOR S/O MADAPPA 3. BASAPPA @ BOLE BASAPPA AGED MAJOR S/O DEVAPPA 4. MAHADEVAPPA @ KERALLI MAHADEVAPPA AGED MAJOR S/O BASAPPA 5. SUBBAPPA @ THAMMADI SUBBAPPA AGED MAJOR Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35009 RSA No. 247 of 2022 S/O CHIKKAMALLAPPA RESPONDENT NO.1 TO 5 ARE RESIDENTS OF MALEYUR VILLAGE HARAVE HOBLI CHAMARAJANAGAR TALUK AND DISTRICT-571 313. …RESPONDENTS (R2 –SERVED; VIDE ORDER DATED 02.02.2026, NOTICE TO R4 HELD SUFFICIENT; VIDE ORDER DATED 02.02.2026 APPEAL IS DISMISSED AS ABATED AGAINST R1, R3 AND R5) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 24.02.2015 PASSED IN R.A.No.50/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 22.04.2009 PASSED IN O.S.No.44/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR DN) AND JMFC, CHAMARAJANAGAR. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT When the case was called in the second round, Sri Shekar Krishna, learned counsel represents the appellant appeared through Video Conferencing and submits that he does not have the file. - 3 - HC-KAR NC: 2026:KHC:35009 RSA No. 247 of 2022 2. There is a huge delay of 1756 days in filing the appeal. Reasons assigned in the affidavit are not satisfactory to condone the huge delay of 1756 days. 3. In the affidavit, it is contended that in the year 2021, Chamarajanagar District was declared as COVID-Red Zone for the COVID-19 pandemic. First Appellate Court passed the judgment on 24.02.2015. Therefore, reasons assigned are not satisfactory to condone the delay. 4. Accordingly, I.A.No.1/2022 is rejected. Consequently, appeal is also rejected. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 46