H.SHIVABASAVANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellants/defendants challenging the judgment and order dated 16.01.2014 of the Addl. Sessions Judge at Bellary, (lower appellate court) in R.A.No.1/2013 whereby I.A.No.I and the appeal is dismissed, the judgment and decree passed by the Addl. Civil Judge (Sr.Dn.), Bellary, (trial court) in O.S.No.104/1997 dated 03.08.2001 is confirmed.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the trial Court.

(3.) Briefly stated the facts are, appellant No.1 is the defendant No.2 and the appellant No.2 is the legal representative of defendant No.3 and respondents 2 to 8 are the plaintiffs before the trial court. Plaintiffs filed a suit in O.S.No.104/1997 for the relief of declaration, injunction and for mandatory injunction. The trial court decreed the suit of the plaintiffs. Aggrieved by the same, defendants 2 and 3 preferred appeal before the lower appellate court in R.A.No.1/2013 along with an application IA-I seeking for condonation of delay of more than 12 years. The lower appellate court dismissed IA-I and consequently, the appeal came to be dismissed. Aggrieved by the same, defendant Nos.2 and 3 are in second appeal.