Sri. K. Abdul Mazid v. Smt. Zamilabi

( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(29 (DAY(OF(JULY,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(V(SRISHANANDA(

REGULAR(SECOND(APPEAL(NO.(893(OF(2018((DEC)(

BETWEEN:(( ( SRI.,K.,ABDUL,MAZID,, AGED,67,YEARS,,

S/O,LATE,ABDUL,AZEEZ,, R/O,BIDARAHALLI,, VILLAGE,AND,POST,,, MUDIGERE,TALUK,,

CHIKKAMAGALURU,DISTRICT,-,577,132.,

…APPELLANT,

(BY,SRI.,R.,CHANDRANNA.,,ADVOCATE),

AND:(

( , SMT.,ZAMILABI,, Digitally SINCE,DECEASED,BY,HER,LRS,, signedtiby , ,MALATESH

K0C MOHAMMED,ILIYAS,,1., Location: , HIGH

2., MUBEENA,AHAMED,,COURT0OF KARNATAKA ,

3., MATHEEN,AHMED,, ,

4., BURHAN,, SINCE,DECEASED, REPRESENTED,BY,LR'S, , ( ( ( 4(a), SMT.ASHRAFF,UNNISA,C.P.,, MAJOR,, W/O,LATE,MOHAMED,BURHAN,, , 4(b), SMT.THAMANNA,, 28,YEARS,, D/O,LATE,MOHAMED,BURHAN,, , 4(c), SRI.ARMAN,, 24,YEARS,, S/O,LATE,MOHAMED,BURHAN,, , 4(d), SRI.ZAMAN,, 20,YEARS,, S/O,LATE,MOHAMED,BURHAN,, , ALL,ARE,RESIDING,AT, C/O,LIYAQAT,ALI,, COFFEE,PLANTER,, RESIDING,AT,BIDARAHALLI, VILLAGE,&,POST,, MUDIGERE,TALUK,, CHIKKAMAGALURU,DISTRICT,-,577,132., ,,

5., FASI,AHMED,, ,

6., SAGEER,AHMED,, SINCE,DECEASED, REPRESENTED,BY,HIS,LRS, , 6(a), SMT.SHALA,PARVEEN,, AGED,ABOUT,60,YEARS,, W/O,LATE,SAGEER,AHMED,, , ( ( ( 6(b), SRI.VILLDAN,, 22,YEARS,, S/O,LATE,SAGEER,AHMED,, , BOTH,ARE,RESIDING,AT, NEAR,MALNAD,ENGLISH,SCHOOL,, HIRIGARJE,VILLAGE,, ARCHALLI,POST,,BELUR,TALUK,, HASSAN,DISTRICT,-,573,101., ,

7., LIYAKATH,ALI,, ,

8., AHMED,ALI,, , NO.1,TO,8,ARE,SONS,OF,, LATE,M.MOHAMMED,HUSSAIN,, ALL,MAJOR,, C/O,LIYAKATH,ALI,, BIDARAHALLI,VILLAGE,AND,POST,, MUDIGERE,TALUK,, CHIKKAMAGALURU,DISTRICT,-,577,132., ,

9., SMT.,SAFIA,BANU,, MAJOR,, W/O,ABDUL,RUB,, BIDARAHALLI,VILLAGE,AND,POST,, MUDIGERE,TALUK,, CHIKKAMAGALURU,DISTRICT,-,577,132., ,

10., SMT.,AMINA,@,AMINA,BI,, MAJOR,, D/O,MOHAMMED,HUSSAIN,, BHAGYA,HAND,POST,, BELAGODU,, ( ( ( SAKLESHPURA,TALUK,, HASSAN,DISTRICT,-,573,214., …RESPONDENTS, (BY,SRI.,A.,MADHUSUDHANA,RAO.,,ADVOCATE,FOR,R1,TO,3,,, ,,,,,,5,,7,,8,,9,AND,R6(a,&,b);, ,,,,,,R10,-,ABATED;, ,,,,,,R4(a,TO,d),-,SERVED), , , THIS, RSA, IS, FILED, U/S., 100, OF, CPC.,, , AGAINST, THE, JUDGMENT, DECREE, DATED, 18.07.2017, PASSED, IN, R.A.NO., 25/2015, ON, THE, FILE, OF, THE, PRINCIPAL, DISTRICT, AND, SESSIONS, JUDGE,, CHIKKAMAGALURU,, DISMISSING, THE, APPEAL, AND, CONFIRMING, THE, JUDGMENT, AND, DECREE, DATED,21.02.2015,PASSED,IN,OS.NO.7/2008,ON,THE,FILE,OF, THE, I, ADDITIONAL, SENIOR, CIVIL, JUDGE, AND, JMFC, CHIKKAMAGALURU,,ITINERATE,AT,MUDIGERE., , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,V,SRISHANANDA, , , ORAL(JUDGMENT( Learned, counsel, for, the, appellant, was, given, the, opportunity, of, filing, a, better, affidavit, explaining, the, discrepancies,in,the,medical,certificate,annexed,along,with, the,affidavit.,, , 2., , Sri, R., Chandranna,, learned, counsel, for, the, appellant, would, submit, that, the, reasons, assigned, in, the, affidavit, are, the, true, reasons, and, there, cannot, be, any,

HC-KAR

CNR: KAHC010172132018 NC: 2026:KHC:39767 RSA No. 893 of 2018

better reasons other than what has been stated in the affidavit.

¶3There is a delay of 168 days in filing the appeal. In the affidavit, the appellant has stated that after the judgment of the First Appellate Court, he requested his advocate at Chikkamagalur to obtain the certified copy and inform about the same for taking further steps in the matter. It is also contented that he did not receive any communication from his advocate at Chikkamagalur till the last week of November 2017. It is his further case that in the meantime he fell seriously ill and went to Belur where his daughter Srimathi Sadia Tabasum is working as lecturer in Govt. PU College for girls and he took treatment with Dr. C. H.R.Narayana Swamy, who runs Shivan Poly Clinic in Temple Road, Belur, Hassan District for the illness of Hepatitis B for a period from 20.11.2017 to 16.04.2018. It is his case that he got completely cured on 16.04.2018 and after recovery from the illness, he went to Chikkamagalur and enquired his advocate and collected

HC-KAR

CNR: KAHC010172132018 NC: 2026:KHC:39767 RSA No. 893 of 2018

the certified copy of the judgment of the First Appellate Court and therefore delay has occurred.

¶4To substantiate the said contention, a medical certificate signed by Dr. H. R. Narayana Swamy is annexed. As could be seen from the medical certificate, the doctor is a nutrition consultant, physician and eye surgeon.

¶5He is not a specialist for Hepatitis B. Moreover there is a correction in the medical certificate wherein the date of treatment is inserted subsequently without proper explanation. Who made the correction as to 15.04.2018 is a question that remains unanswered on behalf of the appellant. Moreover as could be seen from the certificate itself, the appellant is not treated as inpatient in the Shivan Poly Clinic but he has been treated on OPD basis.

¶6It is not his case that he was advised bed rest so as not to visit Chikkamagalur and collect the copy. The distance between Belur and Chikkamagalur is maximum

HC-KAR

CNR: KAHC010172132018 NC: 2026:KHC:39767 RSA No. 893 of 2018

one hour by public transport. It is highly unbelievable that the appellant could not contact his advocate after November 2017 till upto the filing of the appeal to collect the certified copy of the judgment and prepare the appeal.

¶7Hence reasons assigned in the affidavit are not satisfactory and would not fit in the framework of 'sufficient cause' as is contemplated under Section 5 of the Limitation Act.

¶8Accordingly, I.A No. 1 of 18 is hereby rejected. Consequently, appeal is also dismissed.

Sd/- (V SRISHANANDA) JUDGE

SNB List No.: 1 Sl No.: 44