BASAPPA Vs. SAVAKKA

JUDGEMENT

(1.) The defendant No.1(C) before the trial Court has filed this regular second appeal feeling aggrieved by the judgment and decree dated 31.07.2014 passed in R.A.No.36/2014 by the Principal District and Sessions Judge, Dharwad which is passed affirming the judgment and decree dated 13.11.2006 passed in O.S.No.215/1998 by the II Additional Civil Judge (Sr.Dn.), Dharwad.

(2.) There is a delay of 768 days in filing the appeal. Hence, the appellant herein along with the memorandum of appeal has filed an application under Section 5 of the Limitation Act, 1963 seeking condonation of the said delay in filing the appeal.

(3.) The appellant Basappa has sworn to an affidavit annexed to the application stating that the judgment and decree was passed on 31.07.2014 and he made copy application on 22.11.2016 and the same was obtained on 24.11.2016 and then presented this appeal.