- 1 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.33919 OF 2025 (GM-CPC) CONNECTED WITH WRIT PETITION NO.34002 OF 2025 (GM-CPC), WRIT PETITION NO.34142 OF 2025 (GM-CPC) AND WRIT PETITION NO.34262 OF 2025 (GM-CPC) IN W.P.No.33919/2025: BETWEEN: 1. UJWAL A. GOWDA AGED ABOUT 32 YEARS, S/O ANNASWAMY, R/AT NEAR COSMOPOLITAN SPORTS CLUB, BUTLER KOPLU, HASSAN TALUK, HASSAN - 573 201. …PETITIONER (BY SRI C.M. NAGABUSHANA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S. BUILDING, DR. AMEBDKAR VEEDHI, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER BANGALORE - 560 001 REPRESENTED BY ITS CHIEF SECRETARY (IN REGULAR APPEAL IS DESCRIBED AS THE CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU) 2. THE CHIEF CONSERVATOR OF FOREST HASAAN CIRCLE, FOREST BHAVAN DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN - 573 201. 3. THE DEPUTY CONSERVATOR OF FOREST HASAAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN - 573 201. 4. THE ASSISTANT CONSERVATOR OF FOREST HASAAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN - 573 201. …RESPONDENTS (BY SMT. V. HEMALATHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 20.09.2025 PASSED BY THE PRINCIPAL JUDGE AND CJM., HASSAN ON I.A.NO.1 IN R.A.NO.94/2024 AND THEREBY DISMISS THE I.A.NO.1 IN R.A.NO.94/2024 FILED BY THE RESPONDENTS/APPELLANTS ON THE FILE OF PRINCIPAL SENIOR - 3 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER CIVIL JUDGE AND CJM., HASSAN AND CONSEQUENTLY DISMISS THE APPEAL IN R.A.NO.97/2024 AT ANNEXURE-H, ETC. IN W.P.NO.34002/2025: BETWEEN: 1. T.K. PREMA AGED ABOUT 55 YEARS, W/O ANNASWAMY, R/AT NEAR COSMOPOLITAN SPORTS CLUB, BUTLER KOPLU, HASSAN TALUK, HASSAN - 573201. ...PETITIONER (BY SRI C.M. NAGABUSHANA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001 REPRESENTED BY ITS CHIEF SECRETARY (IN REGULAR APPEAL IS DESCRIBED AS THE CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU). 2. THE CHIEF CONSERVATOR OF FOREST HASSAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN-573 201. 3. THE DEPUTY CONSERVATOR OF FOREST HASSAN CIRCLE, - 4 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN-573 201. 4. THE ASSISTANT CONSERVATOR OF FOREST HASSAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN-573 201. ...RESPONDENTS (BY SMT. V. HEMALATHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 20.09.2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., HASSAN VIDE ANNEXURE-H ON I.A. NO.1 IN R.A. NO.97/2024 AND THEREBY DISMISS THE I.A. NO.1 IN R.A. NO.97/2024 FILED BY THE RESPONDENTS/APPELLANTS ON THE FILE OF PRINCIPAL JUDGE AND CJM., HASSAN AND CONSEQUENTLY DISMISS THE APPEAL IN R.A. NO.97/2024, ETC. IN W.P.NO.34142/2025: BETWEEN: 1. H.R. ANNASWAMY AGED ABOUT 63 YEARS, S/O LATE RANGEGOWDA, R/AT NEAR COSMOPOLITAN SPORTS CLUB, BUTLER KOPLU, HASSAN TALUK, HASSAN - 573 201. ...PETITIONER (BY SRI C.M. NAGABUSHANA, ADVOCATE) - 5 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S. BUILDING, DR. AMEBDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS CHIEF SECRETARY (IN REGULAR APPEAL IT IS DESCRIBED AS THE CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU). 2. THE CHIEF CONSERVATOR OF FOREST, HASAAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN-573 201. 3. THE DEPUTY CONSERVATOR OF FOREST, HASAAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN-573 201. 4. THE ASSISTANT CONSERVATOR OF FOREST, HASAAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN - 573 201. ...RESPONDENTS (BY SMT. V. HEMALATHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 20-09-2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., HASSAN ON I.A. NO.1 IN R.A. NO.95/2024 AND THEREBY DISMISS THE I.A. NO.1 IN R.A. NO.95/2024 FILED BY THE - 6 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER RESPONDENTS/APPELLANTS ON THE FILE OF PRINCIPAL JUDGE AND CJM., HASSAN AND CONSEQUENTLY DISMISS THE APPEAL IN R.A. NO.95/2024 AT ANNEXURE-J, ETC. IN W.P. NO.34262/2025: BETWEEN: 1. SATHISHA T.G. AGED ABOUT 53 YEARS, S/O LATE GOWDAIAH, R/AT NEAR COSMOPOLITAN SPORTS CLUB, BUTLER KOPLU, HASSAN TALUK, HASSAN - 573 201. ...PETITIONER (BY SRI C.M. NAGABUSHANA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS CHIEF SECRETARY (IN REGULAR APPEAL IS DESCRIBED AS THE CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU). 2. THE CHIEF CONSERVATOR OF FOREST HASAAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN - 573 201. - 7 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER 3. THE DEPUTY CONSERVATOR OF FOREST HASAAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN - 573 201. 4. THE ASSISTANT CONSERVATOR OF FOREST HASAAN CIRCLE, FOREST BHAVAN, DAIRY CIRCLE ROAD, B.M. ROAD, HASSAN - 573 201. ...RESPONDENTS (BY SMT. V. HEMALATHA, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 20.09.2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., HASSAN ON I.A.NO.1 IN R.A. NO.96/2024 AT ANNEXURE-J AND THEREBY DISMISS THE I.A.NO.1 IN R.A.NO.96/2024 FILED BY THE RESPONDENTS/APPELLANTS ON THE FILE OF PRINCIPAL JUDGE AND CJM., HASSAN AND CONSEQUENTLY DISMISS THE APPEAL IN R.A.NO.96/2024 AT ANNEXURE E1, ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 8 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER ORAL ORDER 1. These petitions by the respondents in R.A.Nos.94/2024, 95/2024, 96/2024 and 97/2024 are directed against the impugned orders dated 20.09.2025 whereby the applications-I.A.No.1 filed by the respondents/appellants in the appeals filed under Section 5 of the Limitation Act seeking condonation of delay of 520 days in filing the appeals were allowed by the First Appellate Court. 2. Heard learned counsel for the petitioners, learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners/plaintiffs instituted the suits in O.S.Nos.96/2021, 97/2021, 403/2020 and 404/2020, against the respondent/State for permanent injunction and other reliefs in relation to the suit schedule immovable properties. In the said suits, despite having entered appearance, the respondent/State did not file their written statement nor contested the suits thereafter. The petitioner/plaintiff in O.S.No.97/2021 examined herself as PW.1 and got marked documentary evidence at Exs.P1 to P16, the petitioner/plaintiff in O.S.No.404/2020 examined himself as PW.1 and got marked documentary evidence at Exs.P1 to P25, the petitioner/plaintiff in O.S.No.96/2021 examined himself as PW.1 and got - 9 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER marked documentary evidence at Exs.P1 to P14 and the petitioner/plaintiff in O.S.No.403/2020 examined himself as PW.1 and got marked documentary evidence at Exs.P1 to P19. Since their pleadings and evidence remained unchallenged, uncontroverted and unimpeached by the respondent who did not either file written statement nor adduced oral or documentary evidence, the trial court proceeded to pass the judgments and decrees dated 15.12.2022 decreeing the suits in favour of the petitioners/plaintiffs against the respondents/defendants. Subsequently, the respondent/State filed the appeals in R.A.Nos.94/2024, 95/2024, 96/2024 and 97/2024 dated 05.06.2024 along with the applications for condonation of the delay of 520 days in filing the appeals. The said applications having been opposed by the petitioners/plaintiffs, the First Appellate Court proceeded to pass the impugned orders allowing I.A.No.1 filed under Section 5 of the Limitation Act thereby condoning the delay in filing the appeals. Aggrieved by the impugned orders passed by the First Appellate Court, the petitioners are before this Court by way of the present petitions. 4. Learned counsel for the petitioners would reiterate various contentions urged in the petitions and refer to the material on record in order to point out that the affidavits filed in support of I.A.No.1 contained vague, bald and omnibus and general averments which did not constitute - 10 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER valid or sufficient grounds / cause for condonation of the huge delay of 520 days in filing the appeals. It is submitted that it was incumbent upon the respondents/appellants to explain the delay not only from the date of filing vakalat / entering appearance in the suits but also explain the delay from the date of the decrees till the date of filing the appeals, in the absence of which, the First Appellate Court could not have condoned the enormous/huge delay of 520 days in filing the appeals. Learned counsel would also invite my attention to the finding recorded by the First Appellate Court which came to the conclusion that sufficient cause had not been shown by the respondents in spite of which the First Appellate Court proceeded to allow the applications based on surmises and conjectures warranting interference by this Court in the present petitions. 5. Per contra, learned AGA for the respondent/State submits that if one more opportunity is provided, the respondent/State would file a better/additional affidavit in support of I.A.No.1 and the impugned orders may be set aside and the matters may be remitted back to the First Appellate Court for reconsideration of I.A.No.1 afresh in accordance with law. 6. In view of the aforesaid facts and circumstances and joint submissions made by the learned counsel for both sides, without expressing any opinion on merits/demerits of the rival contentions, I - 11 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER deem it just and appropriate to set aside the impugned orders and the remit the matters back to the First Appellate Court for reconsideration of I.A.No.1 afresh in accordance with law. 7. In the result, I pass the following: ORDER (i) The petitions are allowed; (ii) The impugned orders dated 20.09.2025 passed by the Principal Senior Civil Judge and CJM, Hassan in R.A.Nos.94/2024, 95/2024, 96/2024 and 97/2024 are set aside; (iii) The matters are remitted back to the First Appellate Court for reconsideration of the applications-I.A.No.1 afresh in accordance with law; (iv) Liberty is reserved in favour of the respondents to file better/additional affidavits in support of I.A.No.1 filed in the appeals; (v) In the event, the respondent/State files such better/additional affidavits, liberty is reserved in favour of the petitioners to file counter affidavits/objections to the same; - 12 - HC-KAR NC: 2026:KHC:4056 WP No. 33919 of 2025 C/W WP No. 34002 of 2025 WP No. 34142 of 2025 AND 1 OTHER (vi) The First Appellate Court shall consider the rival contentions and hear both sides on the applications-I.A.No.1 afresh and pass appropriate orders in accordance with law; (vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE hkh. List No.: 1 Sl No.: 11