- 1 - HC-KAR CNR: KAHC010683472023 NC: 2026:KHC:38037 RSA No. 2220 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2220 OF 2023 (INJ) BETWEEN: 1. THE DIRECTOR DEPARTMENT OF ARCHAEOLOGY, MUSEUMS AND HENTAGE, DODDAKERE MAIDANA, MYSURU - 570 001. 2. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER ADMINISTRATIVE BUILDING, DOUBLE ROAD, CHAMARAJANAGAR - 574 112. …APPELLANTS (BY SRI. SESHU V, AGA) AND: 1. SMT. SURAYA BANU W/O. LATE MAZAR ALI KHAN, AGED ABOUT 71 YEARS, 2. Y. M. MUZAMIL ALI KHAN S/O. LATE MAZAR ALI KHAN, AGED ABOUT 48 YEARS, 3. Y. M. NOOREA CHESHMA S/O. LATE MAZAR ALI KHAN, AGED ABOUT 43 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010683472023 NC: 2026:KHC:38037 RSA No. 2220 of 2023 4. Y. M. NOOREA ASMA D/O. LATE MAZAR ALI KHAN, AGED ABOUT 39 YEARS, THE RESPONDENTS NO.1 TO 4 REPRESENTED BY THEIR GPA HOLDER 5TH RESPONDENT, 5. Y. M. MUFASIL ALI KHAN S/O. LATE MAZAR ALI KHAN, AGED ABOUT 47 YEARS, ALL ARE R/AT 5TH CROSS, NEAR CANARA BANK, YELANDUR TOWN, CHAMARAJANAGAR DISTRICT - 571 441. 6. Y. A. TAJAMULLA ALI KHAN S/O. LATE ABDUL SATTHAR SAHEB, AGED ABOUT 69 YEARS, R/AT SOPPINA KERI, 1ST CROSS, K.K. ROAD, YELANDUR TOWN, CHAMARAJANAGAR DISTRICT - 571 441. …RESPONDENTS (BY SRI. NAGARAJA R.C, ADVOCATE FOR R1 TO R5; VIDE ORDER DATED 10.07.2023, APPEAL STANDS DISMISSED AS ABATED AS AGAINST R6) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.03.2021 PASSED IN RA NO.84/2019 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHAMARAJANAGAR., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 4.11.2019 PASSED IN OS NO.83/2013 ON THE FILE OF CIVIL JUDGE AND JMFC, YELANDUR. - 3 - HC-KAR CNR: KAHC010683472023 NC: 2026:KHC:38037 RSA No. 2220 of 2023 THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard learned counsel for the appellants. 2. There is a delay of 569 days in filing the appeal. In the affidavit in support of the application, it is contended that delay is on account of procedural lapses as there is a communication between District Government Advocate, Chamarajanagar and the concerned clerk who was required to put up the note for preparing the appeal. 3. It is further contended that Government is the owner of the property and Department of Archeology, Museum and Heritage and is the lessee from the original owner for a period of 33 years and they are in lawful possession and the injunction decree that has been granted in favour of the plaintiffs has resulted in grave miscarriage of justice. As such, on the ground of delay alone, if the appeal is dismissed, - 4 - HC-KAR CNR: KAHC010683472023 NC: 2026:KHC:38037 RSA No. 2220 of 2023 appellants would be put to great hardship and injury and thus sought for allowing the application. 4. Per contra, learned counsel for the respondent Nos.1 to 5 opposes the condonation of delay. 5. Having heard the arguments of both sides, this Court perused the material on record meticulously. 6. On such perusal of the material on record, it is noted that the decree is only an injunction decree. 7. If the appellants are having the subsisting interest based on the lease granted by the original owner, they may file appropriate proceedings to protect their interest. 8. If any such proceedings is initiated and if the appellants are successful after contest, the decree which is the subject matter of the present appeal, it needs no emphasis that injunction decree would be subservient to such decree which would be in favour of the appellants. 9. With that observation, this Court does not find any good grounds to condone the delay. - 5 - HC-KAR CNR: KAHC010683472023 NC: 2026:KHC:38037 RSA No. 2220 of 2023 10. Accordingly, application is dismissed. Consequently, appeal is also dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 43