JUDGMENT

The above second appeal is filed under Section 100 of Code of Civil Procedure, 19081 by the defendant Nos.3 to 6 challenging the judgement and decree dated 30.08.2013 passed in RA No.38/2012 passed by the Senior Civil Judge, Hunagund2 and the judgement and decree dated 12.07.2012 passed in OS No.122/2002 by the Court of Senior Civil Judge and JMFC, Hunagund3, were under, the suit for partition was decreed by the Trial Court and affirmed by the First Appellate Court.

2. Along with the above appeal, I.A No.1/2016 is filed for condonation of delay of 935 days in filing the appeal. In the affidavit accompanying the application, appellant No.5 has deposed that defendant No.4 was taking care of the entire legal process and since he was unwell, he could not contact the Advocate. That after his

1 Hereinafter referred to as the ‘CPC’

2 Hereinafter referred to as the ‘First Appellate Court’

3 Hereinafter referred to as the ‘Trial Court’

death, he contacted the Advocate who informed him about the Orders passed by the First Appellate Court and after obtaining the certified copies, he was involved in the agricultural work and since he was the only person taking care of the agriculture, he co