SHANKARAPPA Vs. NAGARAJU

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant on I.A.No.1/2021 for condonation of delay of 1107 days in filing the appeal.

(2.) The appellant has filed an affidavit in support of the application-I.A.No.1/2021 stating that the present appeal is filed challenging the judgment and decree passed in R.A.No.52/2008, which was dismissed on 13/12/2016. It is sworn to that after passing of the judgment and decree dismissing the appeal by the First Appellate Court and in view of the intervention of the elders, relatives and panchayathdars, so also since the respondent is admittedly residing at Bengaluru, the respondent was refrained from making any kind of claim or interference in the schedule property against the plaintiff/appellant. It is further sworn to that in view of appellant's continuous possession without any disturbance, there was no occasion for challenging the impugned judgment. To evidence the same, it is important to note that the respondent had filed a private complaint in PCR No.144/2009 before the Trial Court against him and the appellant and as could be seen from paragraph Nos.4 and 5 of the private complaint as well as the evidence/sworn statement of the respondent, he has categorically admitted the possession of the appellant including construction made by the appellant in the property. Hence, the delay has to be condoned.

(3.) Having heard the learned counsel appearing for the appellant and on perusal of the reasons assigned in the affidavit accompanying with an application and the material available on record, the appellant has filed a suit seeking for the relief of permanent injunction and the same was dismissed vide judgment dtd. 19/11/2008. Being aggrieved by the said judgment, an appeal was filed and the same is numbered as R.A.No.52/2008, the same was also dismissed on merits on 13/12/2016. Admittedly, the appeal was filed by this appellant only and the same was dismissed on 13/12/2016. The present appeal is filed on 28/1/2021 and there was a delay of 1107 days in filing the appeal.