This appeal is filed by the appellants challenging the

judgment and decree dated 28.03.2013 passed by the

learned Principal Senior Civil Judge and CJM, Dharwad, in

O.S. No.219/2012.

The parties are referred to as per their ranking

before the trial Court.

3.

Brief facts of the case are as under:

The respondents/plaintiffs have filed a suit against the

appellants/defendants for recovery of Rs.34,80,000/- with

interest at 15% per annum from the date of suit till the date

of realization.

It is the case of the plaintiffs that, plaintiff No.1 is

working as Chartered Engineer and Valuer at Pune and is

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assessed to payment of income tax and plaintiff No.2 is

his wife. Plaintiff No. 2 hails from Dharwad. Defendants

No.1 and 2 have been doing business in partnership under

the name of style M/s Neelambari Constructions, Dharwad.

Plaintiffs No. 1 and 2 with an intention of having

residential house were searching suitable land and they

came in contact with the defendants. Defendants were

developing lands bearing CTS Nos.38/2/A, 38/3, 38/4 and

38/5 at Training College Road, Dharwad and they

persuaded the plaintiffs to purchase one plot No.3 in the

said land and assured them that they would construct

good residential house on the said land. Accordingly there

was an agreement for sale of land and construction of the

building between plaintiffs No.1 and 2 on one hand and

M/s. Neelambari Constructions, Dharwad on the other

hand, wherein the defendants No.1 and 2 are partners of

the said firm. Defendants No.1 and 2 created much

confidence in the minds of plaintiffs No.1 and 2 with their

sweet talks and behaviors. Plaintiffs No.1 and 2 also

purchased another agricultural land beg. R.S. No.64/2/2C

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measuring 01 Acre 20 Gunta and R.S. No.64/P-13

measuring 01 Acre, 28 guntas of Attikolla, Dharwad and

defendants

No.1

and

2

acting

as

partners

of

M/s.Neelambari Constructions, Dharwad, persuaded the

plaintiffs that they would help them in development of the

said lands situated at Attikolla, Dharwad and after mutual

negotiations there has been a registered agreement for

development dated 29-1-2010. During the year 2009,

defendants were in need of funds for their business

activities and they requested the plaintiffs to provide

finance for short term. Therefore, plaintiffs lent a sum of

Rs.24,00,000/- (Rupees Twenty four lakhs only) from their

S.B.A/c

No.20016894977

maintained

at

Bank

of

Maharashtra, Pune to the S.B.A/c No.20102633382

maintained by the defendants at Bank of Maharashtra,

Dharwad. It is further contended that the defendants

have not come forward to pay the amount received from

the plaintiffs as agreed by them. Hence the plaintiffs

requested the defendants to pay back the amount by

issuing legal notice. However, the defendants have not

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bothered to repay the amount nor sent any reply to the

plaintiffs. Hence the plaintiffs filed a suit for recovery of a

sum of Rs.24,00,000/- with interest. Ultimately, the suit

was decreed in favour of the plaintiff on 28.03.2013.

Aggrieved by the judgment and decree passed by the trial

Court, the defendants have preferred this appeal.

4.

Appellants filed I.A.3/2023 to condone the

delay of 2804 days in filing the appeal. In support of the

application, appellant No.1 filed an affidavit contending

that the judgment and decree passed in O.S.No.219/2012

dated 28.03.2013 was intimated by the counsel appearing

for the appellants and thereafter, immediately the

appellants requested to provide certified copies of the

same. Accordingly, counsel obtained the certified copy

and handed over the certified copy of the judgment and

decree to the appellants. On perusing the certified copy,

the appellants approached the counsel on 26.08.2019 and

he has assured regarding filing of an appeal and appellants

paid amount for payment of court fee as well as

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miscellaneous expenses. But the counsel did not file the

appeal within the stipulated time. The appellants were

regular