Sri C.S. Rajanna vs Sri C. Yathish Shetty

Anand Byrareddy

This appeal is filed after a delay of 1536 days. The reasons assigned in the application are many. However, the learned Counsel for the respondents would submit that primarily the appeal itself would not be maintainable since the appellant has sold the said property to a third party, ho had in turn filed an appeal in this Court after a delay of over 1400 days and the same has been rejected on the ground of delay by this Court by its order dated 3rd February, 2012. It is subsequently that the present appeal is sought to be filed on the specific ground set up including the circumstance that the Counsel engaged by the appellant, had not filed an appeal but had used the Vakalath furnished to him, to appear and contest the final decree proceedings. This is the circumstance, which is sought to be supported by a letter of the Counsel to state that since she had not received any further instructions, she was retiring even from the final decree proceedings with effect from 5.7.2011.

Therefore, the appellant was fully aware of the fact that the Counsel not having filed an appeal, as early as on 5.7.2011, the present appeal is filed on 8th august, 2011 and the final decree proceedings were initiated on 24.2.2007. Therefore, it is evident that the appellant has remained complacent for over four year pursuant to the final decree proceedings having been initiated and it is not tenable that the appellant remained unaware of the appeal not having been filed. Accordingly, the application seeking condonation of delay stands rejected. Consequently, the appeal fails.