VEERAPPA POOJARY Vs. SHEENAPPA

JUDGEMENT

(1.) Heard the learned counsel for appellants on IA No.1/2019 where there is a delay of 512 days in filing the appeal.

(2.) The counsel for appellants has filed an affidavit in support of this application which was sworn that judgment and decree was passed on 29/11/2017 in RA No.139/2007 dismissing the appeal of the appellant in confirming the order passed in OS No.123/2019 and he sworn to an affidavit that he has applied for certified copy on 29/1/2018 and the copy was delivered to an advocate on 17/2/2018. During the pendency of regular appeal or after the dismissal of the regular appeal there were no threats to his possession by the respondents. They are not aware of the judgment and decree passed in RA No.139/2007 to challenge before this Court and also given the reason that he was suffering from severe health issue during the month of August -2018 and he fell ill health due to disk problem and he was under treatment till the end of November-2018. Even after the treatment also he was suffering from back pain, he could not sit and even he could not walk for a long and thus he was taking rest. In the month of November-2018, the Tahasildar, Puttur had issued a notice of eviction against him to remove the agricultural equipments situated in Sy.No.74/1 which is land in dispute in the suit. Hence, he has approached the Court by filing writ petition. In the month of July-2019 he has approached the advocate and obtained legal consultation and he was advised to file an appeal. Hence, the present appeal is filed.

(3.) Having considered the reasons mentioned in the affidavit, it is clear that he had the knowledge of judgment during the month of January itself and certified copy was also applied in 2018, he has also obtained the certified copy of judgment and decree on 17/2/2018. Thereafter, the appellant has not challenged the judgment and decree, but contended that he fell ill due to disk problem. In support of his application he has filed an affidavit contending that he was suffering from disk problem but, no document is placed along with the affidavit. Apart from that the reasons assigned in the affidavit are also not satisfactory and delay has to be explained.