- 1 - HC-KAR NC: 2026:KHC:5008 RSA No. 706 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 706 OF 2024 (PAR) BETWEEN: 1. MUJEEB PASHA S/O LATE KHALANDHARSAB, AGED ABOUT 60 YEARS R/O NEAR MASIDI, KORATAGERE, TUMKUR - 572 129. 2. SABIRABI D/O LATE KHALANDHARSAB, AGED ABOUT 58 YEARS, R/O SIRA GATE, TUMKUR - 572 106. 3. MAHABOOB PASHA S/O LATE KHALANDHARSAB, AGED ABOUT 55 YEARS R/O NEAR MASIDI, KORATAGERE, TUMKUR - 572 129. …APPELLANTS (BY SRI. RUDRESH D, ADVOCATE FOR SRI. MADHU C.S, ADVOCATE) AND: KHALEEL AHAMED S/O LATE KHALANDHARSAB, DEAD BY HIS LRS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5008 RSA No. 706 of 2024 ISMAIL S/O LATE KHALEEL AHAMED, AGED ABOUT 52 YEARS, RESIDENT OF ARAKERE VILLAGE, KASABA HOBLI, TUMKUR TALUK, TUMKUR- 572 101. 1. NAZEER S/O LATE KHALEEL AHAMED, AGED ABOUT 49 YEARS, RESIDENTS OF ARAKERE VILLAGE, KASABA HOBLI, TUMKUR TALUK, TUMKUR - 572 101. 2. HASEENA D/O LATE KHALEEL AHAMED, AGED ABOUT 39 YEARS, RESIDENTS OF ARAKERE VILLAGE, KASABA HOBLI, TUMKUR TALUK, TUMKUR - 572 101. 3. AHAMED JAN S/O LATE KHALEEL AHAMED, AGED ABOUT 52 YEARS, RESIDENTS OF ARAKERE VILLAGE, KASABA HOBLI, TUMKUR TALUK, TUMKUR - 572 101. 4. G VENKATESH S/O GURAPPA, AGED ABOUT 68 YEARS, R/O MALLIGE NILAYA, 6TH MAIN ROAD, 6TH CROSS, ASHOKANAGAR, TUMKUR - 572 1023. - 3 - HC-KAR NC: 2026:KHC:5008 RSA No. 706 of 2024 6. INDRANI N S/O G VENKATESH, AGED ABOUT 68 YEARS, R/O MALLIGE NILAYA, 6TH MAIN ROAD, 6TH CROSS, ASHOKANAGAR, TUMKUR - 572 1023. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.02.2022 PASSED IN RA NO.77/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 11.01.2019 PASSED IN OS NO.249/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Sri Rudresh, Advocate appearing for Sri Madhu C.S., learned counsel for appellants submitted that he has received intimation about death of appellant no.1 on 29.09.2025 and submits he has no instructions about legal representatives, and - 4 - HC-KAR NC: 2026:KHC:5008 RSA No. 706 of 2024 therefore, appeal insofar as appellant no.1 may be treated as abated. 2. Submission is accepted and matter heard on I.A.no.1/2024. 3. There is a delay of 689 days in filing appeal and I.A.no.1/2024 is filed for its condonation. It was submitted, delay was on account of appellant no.2-Sabirabi suffering from ill-health, appellant no.1 being physically challenged and later died; and appellant no.3 being treated with acute psychosis earlier. 4. To a Court query, since when appellant no.3 was under treatment for acute psychosis, counsel for appellant submitted that it was from year 2011. It is seen in present suit, wherein appellants were plaintiffs itself was filed in year 2014, i.e., after diagnosis for acute psychosis. Though it is submitted that suit was prosecuted by appellant no.2- Sabirabi, on behalf of other appellants also, it is seen that only ailment appellant no. 2 is stated to be suffering from is hypertension and Type-II diabetes, which cannot be stated to be of such nature as to prevent appellant no.2 from travelling. Hon’ble Supreme Court - 5 - HC-KAR NC: 2026:KHC:5008 RSA No. 706 of 2024 in case of Thirunagalingam v. Lingeswaran & Another reported in 2025 SCC Online SC 1093 has held in absence of proper explanation, Courts would not be justified in condoning delay. Thus, for failure to offer reasonable explanation for delay in filing, I.A.no.1/2024 is rejected. Consequently, Appeal stands dismissed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 31