VEERAMARAIAH Vs. GANGAIAH

JUDGEMENT

(1.) The defendant in O.S. No. 226/1998 on the file of Additional Civil Judge (Jr. Dn.) and JMFC., Doddaballapur, has come up in this second appeal impugning the concurrent finding rendered by both the Courts below in decreeing the suit of the plaintiff for the relief of permanent injunction with cost.

(2.) Admittedly, the Regular Appeal in R.A. No. 91/2008 filed by the appellant herein came to be dismissed by the lower appellate Court by its judgment dated 12.02.2013. Thereafter, the present appeal is filed on 20.08.2015. Since there is delay of 829 days in filing the appeal, the application in I.A. No. 1/2015 is filed in this proceedings.

(3.) Notice on I.A. No. 1/2015 is not yet ordered to the respondent. However, considering the fact that this second appeal is filed against the concurrent finding of both the Courts below and it is filed with an inordinate delay of 829 days, this Court would like to ascertain as to whether any grounds are made out for condoning the said inordinate delay in filing the appeal. Hence, application in I.A. No. 1/2015 is taken up to consider as to whether it calls for issuance of notice to the respondent.