- 1 - HC-KAR NC: 2026:KHC:34343 RFA No. 144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 144 OF 2025 (MON) BETWEEN: 1. T G JOSEPH S/O. T. K. GEORGE, AGED ABOUT 44 YEARS, R/AT KRIPA CHIPS, GANDHI NAGARA, KAKKEJALU, UJIRE VILLAGE, BELTHANGADY – 574 212. …APPELLANT (BY SRI. NAVEEN KUMAR M G, ADVOCATE) AND: 1. SATHISH KUMAR HEGDE S/O. K. P. NABHIRAJA HEGDE, AGED ABOUT 62 YEARS, RESIDING AT SIDHARTHA, KALENJA VILLAGE, KAYARTHADKA POST, BELTHANGADY TALUK – 574 240. …RESPONDENT (BY SRI. MIHIR RAO B K, ADVOCATE) THIS RFA IS FILED UNDER ORDER 96 ORDER 41 RULE 1 2 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.12.2022 PASSED IN OS NO.15/2016 ON THE FILE OF Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34343 RFA No. 144 of 2025 PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT BELTHANGADY.D.K. AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Heard on I.A.No.1/2025. 2. The appeal is filed by the appellant/defendant calling in question the judgment and decree dated 01.12.2022 passed in O.S.No.15/2016 by the Court of Principal Senior Civil Judge and J.M.F.C. at Belthangady, Dhakshina Kannada (hereinafter referred to as ‘Trial Court’ for short), whereby the suit filed for recovery of money is decreed. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 4. Learned counsel for the appellant has filed I.A. No. 1/2025 seeking the condonation of a delay of 687 days in filing the appeal. The appellant/defendant has - 3 - HC-KAR NC: 2026:KHC:34343 RFA No. 144 of 2025 explained that the delay occurred because he was suffering from a severe emotional disorder—psychosis. He claims that due to this illness, he could not contact an advocate to verify the case or take the necessary steps to prefer the appeal. Furthermore, he deposed that he is under medication for the aforementioned emotional disorder. He also stated that in view of the aforesaid illness, he suffered from a severe backache and joint pain, rendering him unable to walk or travel. Consequently, he was bedridden due to the severe backache. To treat this, he took herbal remedies from the elders of his village, and after continuous treatment, he was able to move slowly. Thereafter, he contacted an advocate and decided to file the present appeal. He states that a delay of 687 days was caused during this process and, hence, prays to condone the delay. 5. In support of the affidavit, he has filed a true copy of a medical certificate and a drug prescription, both dated 19.03.2018. - 4 - HC-KAR NC: 2026:KHC:34343 RFA No. 144 of 2025 6. The said application is vehemently opposed by the counsel for the respondent/plaintiff, who has filed detailed objections. The respondent submits that the appellant/defendant was well aware of the judgment and decree passed in the suit, as he had participated in the execution proceedings way back on 20.12.2023. Therefore, the respondent contends that the depositions made to explain the delay are entirely false. It is further submitted that no good grounds have been made out for the condonation of such an enormous delay. Therefore, the respondent prays to dismiss the application and, consequently, dismiss the appeal. 7. Upon considering the explanations offered by the appellant/defendant and the objections raised against them, it is clear that the only reason given by the appellant/defendant is his suffering from an "emotional disorder-psychosis". What constitutes this emotional disorder-psychosis is not explained in the affidavit, nor is it shown how it caused an impediment preventing the - 5 - HC-KAR NC: 2026:KHC:34343 RFA No. 144 of 2025 appellant from leaving his house to contact an advocate. There are no medical records to support this, much less any detailed explanation offered in the affidavit. Furthermore, the appellant has produced a medical certificate dated 19.03.2018, which does not disclose the nature of the treatment, the therapy, or the ailment from which the appellant was suffering. This medical certificate is dated 19.03.2018, whereas the judgment in the suit was delivered on 01.12.2022, and the appeal was filed on 17.01.2025. Therefore, no explanation has been offered by the appellant to condone the delay for all these subsequent years. 8. Furthermore, in the objections, the learned counsel for the respondent/plaintiff has submitted a copy of the Vakalath filed by the defendant. This shows that the defendant/appellant had filed a Vakalath and actively participated in the execution proceedings initiated by the plaintiff. The Vakalath was filed on 20.12.2023. Therefore, as far back as 20.12.2023, the defendant knew about the - 6 - HC-KAR NC: 2026:KHC:34343 RFA No. 144 of 2025 proceedings very well and participated in the execution proceedings. The fact that the appellant was able to leave his house, contact an advocate, and file a Vakalath on 20.12.2023 proves he was capable of taking legal action, yet he failed to file the appeal within the period of limitation. Instead, the appeal was filed only on 17.01.2025. Absolutely no reasons have been explained in the application for this delay. Therefore, I.A. No. 1/2025 is liable to be dismissed. Accordingly, it is dismissed. In view of the dismissal of the application for condonation of delay, the appeal is also dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 20