KUMARACHAR Vs. S.N.YUGHADHARA AND ORS.

JUDGEMENT

(1.) O.S.No.57/2002, filed by the respondents against the appellant was decreed on 20.09.2013, in part, by the Trial Court. Compensation of Rs. 20,000/- was directed to be paid by the defendant to the plaintiffs.

(2.) Feeling aggrieved, the plaintiffs filed R.A.No.83/2013 and the defendant filed R.A.No.95/2013, in the Court of Senior Civil Judge, Channarayapatna. By a judgment dated 02.02.2015, R.A.No.83/2013 was allowed and the suit was decreed in its entirety. As a consequence, R.A.No.95/2013 was dismissed. Assailing the said decrees, these appeals were filed.

(3.) There being delay in filing RSA No.107/2016, I.A.No.1/2016 was filed for condonation. Since, RSA No.590/2015 was filed within the prescribed period, there being a bona fide mistake in not filing the appeal, in respect of the other part of the decree, RSA No.107/2016 was filed and there is delay. The delay having occurred on account of a mistake on the part of the learned advocate for the appellant and being satisfied with the cause shown, the delay is condoned.