This second appeal is preferred by the State of Karnataka and its officials challenging the judgment and decree passed by the Lower Appellate Court in RA. No. 38 of 2004, wherein it declined to condone the delay in preferring the appeal and consequently dismissing the appeal.

2. The only substantial question of law that arise for consideration in the second appeal is:

"Whether the Lower Appellate Court has properly exercised the discretion in refusing to condone the delay in preferring the appeal in the light of the law declared by the Supreme Court and consequently dismissing the appeal?"

3. The facts leading to the present litigation are as under:

The subject-matter of these proceedings is land bearing Sy. No. 54 measuring 11 acres 20 guntas situated at Pattandur Agrahara Village. As per the survey records it is shown as Sarkari Kere (halla), Jodi inam village from the year 1860 itself. One Gundu Rao, the jodidhar of this land sold the same to Sri Muniswamappa son of Muniyellappa who in turn sold the same to another Sri Muniswamappa son of Siddanna. Subsequently, it was conveyed to one Shamanna Gowda who in turn sold to Thimmaiah alias TIlimmareddy. It is from him Captain Arm