IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.No.1456/2016 BETWEEN V. SHEKAR S/O LATE DK.P.VISWANATHAN AGED ABOUT 65 YEARS, RESIDING AT NO.17, KENGAL HANUMANTHAIAH LAYOUT, BTM 1ST STAGE, BANGALORE-560038 ... APPELLANT (By Sri : V CHANDRAKANTHAN, ADVOCATE) AND 1.SRI V RAJAMANI S/O LATE K.P.VISWANATHAN AGED ABOUT 55 YEARS, RESIDING AT NO.33, GROUND FLOOR, KALAPPA LAYOUT, 3RD MAIN, 3RD CROSS BASVANAGAR BANGALORE-560 037 2.SRI.V.NAGARAJAN S/O LATE K.P.VISWANATHAN AGED ABOUT 62 YEARS, RESIDING AT NO.33, GROUND FLOOR, KALAPPA LAYOUT, 3RD MAIN, 3RD CROSS BASVANAGAR BANGALORE-560 037 3.SMT.S.SAROJA W/O LATE P.SETHURAMAN AGED ABOUT 70 YEARS, RESIDING AT AS CARE OF S.BHASKAR, AGED ABOUT 48 YEARS, FLAT NO.109, DSR SUN SHINE APARTMENT, BANASWADI, BANGALORE-560043.
(R1 TO R3 SERVED) ... RESPONDENTS RFA FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.06.2015 PASSED IN OS NO.3560/2014 ON THE FILE OF THE I ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.2), DISMISSING THE SUIT FOR DECLARATION.
This Appeal coming on for orders this day, the Court delivered the following:
ORDER Heard the appellant’s counsel on I.A.1/2016 for condoning delay of 353 days in filing the appeal. Perused the affidavit filed along with the application.
2. In the affidavit it is stated that delay was due to ill-health of the appellant. Therefore, on 13.11.2017, appellant’s counsel was directed to produce medical certificates. As per the direction, he has produced the medical certificates. On perusal of these medical documents it becomes very evident that except the document pertaining to Chinmaya Narayana Hospital, the medical certificates of other hospitals are not relevant as they all relate to treatment taken by the appellant before the decree was passed. From the medical documents issued by the Chinmaya Narayana Hospital, it could be seen that appellant was admitted on 17.07.2015 and was discharged on 18.07.2015 i.e., after the decree was passed on 22.06.2015. Even after discharge from the hospital, there was ample time for the appellant to file appeal within time. The appeal was filed on 7.9.2016. There is no explanation for delay after expiry of appeal period. The reasons given by the appellants are not acceptable. Delay cannot be condoned. The application is dismissed. Appeal is also dismissed.
DKB Sd/- JUDGE