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2023 DIGILAW 1090 (KAR)

R. Raju v. Rangaswamy

2023-09-13

H.P.SANDESH

body2023
JUDGMENT 1. Heard the learned counsel for the appellant and learned counsel for the respondents on I.A.No.1/2017, where there is a delay of 670 days in filing the appeal. 2. In support of the application, an affidavit is sworn to by the appellant that recently during the month of April, 2017, he reliably learnt that the respondents have applied to the Vatalu Grama Panchayath, seeking change of khatha in respect of the suit schedule property on the basis of the judgment and decree passed by the Lower Appellate Court. Immediately, he gave letter to the Panchayath on 27/4/2017 stating that there is no order declaring the respondents as owners and requested them not to consider their application for change of khatha. Hence, there is a delay in filing the appeal. 3. Having perused the records, there was judgment and decree in favour of the appellant in O.S.No.103/2002 and injunction is granted in favour of the appellant and restrained the respondents in interfering with peaceful possession and enjoyment of the property and being aggrieved by the said judgment and decree, the defendants had filed an appeal in R.A.No.14/2009 and the same was allowed and reversed the findings of the Trial Court vide order dtd. 31/3/2015 and this appeal is filed after two years, two months in the month of May, 2017 and reason assigned in the affidavit is that when the application was filed for change of khatha, he gave objections with the Village Panchayath and thereafter, he had filed this appeal. 4. 31/3/2015 and this appeal is filed after two years, two months in the month of May, 2017 and reason assigned in the affidavit is that when the application was filed for change of khatha, he gave objections with the Village Panchayath and thereafter, he had filed this appeal. 4. Having considered the application and affidavit, nowhere it is stated that the appellant was not having the knowledge of judgment and decree of reversal against him and only reason assigned in Para No.5 of the affidavit is that, he had not challenged the judgment and decree and when an application was filed before the Village Panchayath for change of khatha and when he had the knowledge about the earlier judgment and decree which is against him and he has suffered the judgment and decree, he did not approach the Court by filing an appeal belatedly and reason assigned in the affidavit is not satisfactory and the appellant has to explain each day's delay in filing the appeal and only after two years, two months, though judgment was passed by the First Appellate Court in the month of March, 2015, this appeal is filed in May, 2017 that too, with the inordinate delay of 670 days. Hence, I do not find any ground to condone the delay, in the absence of satisfactory reasons explaining each day's delay and the appellant only submit that only when the respondents approached the Village Panchayath for change of khatha, he approached this Court by filing this appeal. Hence, no grounds are made out to condone the inordinate delay of 670 days in filing this appeal. Accordingly, I.A.No.1/2017 is dismissed. Consequently, the appeal is also dismissed.