POWNRAJU K. Vs. DEVARAJ, SRINIVASAPPA AND K.M. KRISHNACHARI SINCE DEAD BY L.RS. SMT. SHANTHAMMA, SRI VENU ACHARI AND SRI SREENIVASA ACHARI

JUDGEMENT

(1.) THE appellant has challenged the judgment and decree in RA No. 42/2004 dismissing his application for condonation of delay and consequently the appeal as barred by time. The facts relevant for the purpose of this appeal are as under:

(2.) THE following substantial question of law arises for consideration:

(3.) IT is the submission of learned Counsel for the appellant that there is a delay of more than 3 years in filing this appeal as the appellant was under treatment all along for his old aged ailments in addition to allergic bronchitis and as he was advised not to travel, he claims to have stayed in Kaveripatnam at Tamilnadu and was not able to file an appeal in time.