- 1 - HC-KAR CNR: KAHC010641592024 NC: 2026:KHC:36155 RSA No. 1574 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1574 OF 2024 (INJ) BETWEEN: KARIBASAIAH S/O LATE JAYADEVAIAH, AGED ABOUT 50 YEARS, AGRICULTURIST, R/O KABBUR, DAVANAGERE TALUK. …APPELLANT (BY SRI. REVANNA BELLARY, ADVOCATE) AND: 1. SMT. KOTRAMMA W/O P.M. NAGARAJAIAH, D/O RAJAIAH, AGED ABOUT 42 YEARS, HOUSE WIFE, RESIDING AT KOTTURESHWARA BADAVANE, NITTUVALLI, DAVANAGERE - 577 002. 2. SRI. CHANNABASAIAH S/O LATE JAYADEVAIAH, AGED ABOUT 71 YEARS, AGRICULTURIST, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010641592024 NC: 2026:KHC:36155 RSA No. 1574 of 2024 3. SRI. DODDAVEERAIAH S/O LATE JAYADEVAIAH, AGED ABOUT 67 YEARS, AGRICULTURIST, 4. SRI. RUDRAIAH S/O LATE JAYADEVAIAH, AGED ABOUT 57 YEARS, AGRICULTURIST, RESPONDENT NO.2 TO 4 ARE R/O KABBUR - 577 514 DAVANAGERE TALUK. …RESPONDENTS (BY SMT. VIJAYA M.N, ADVOCATE FOR R1; R3, R4 - SERVED; VIDE ORDER DATED 06.07.2026, I.A 1/25 FOR BRINGING LR'S OF DECEASED R2 IS DISMISSED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 31.01.2023 PASSED IN RA NO.69/2021 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, DISMISSING THE APPEAL CONFIRMING THE JUDGMENT AND DECREE DATED 26.08.2021 PASSED IN OS NO.559/2012 ON THE FILE OF ADDITIONAL CIVIL JUDGE, DAVANAGERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR CNR: KAHC010641592024 NC: 2026:KHC:36155 RSA No. 1574 of 2024 ORAL ORDER 1. Heard. 2. I.A.No.1/2024 is filed for condonation of delay of 552 days in filing the appeal. Application is supported by affidavit of the appellant – Karibasaiah. 3. In the affidavit, it is contended that RA No.69/2021 came to be disposed of on 31.01.2023. But respondent No.1 promised that she would not claim the suit relief and based on such promise, appellant did not choose to file any further proceedings. 4. However, to the surprise of the appellant, respondent No.1 in order to execute the order filed Execution Case No.216/2024 and soon after the notice came to be issued to the appellant, in the said execution proceedings, he came to know that respondent No.1 did not adhere to the promise made by her and therefore, belated appeal came to be filed. 5. Such a reason is not a sufficient reason for condoning the delay of 552 days. - 4 - HC-KAR CNR: KAHC010641592024 NC: 2026:KHC:36155 RSA No. 1574 of 2024 6. Accordingly, I.A.No.1/2024 is dismissed. Consequently, appeal is also dismissed. 7. Pending interlocutory applications are consigned to records. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 27