SURENDRA KUMAR JAIN Vs. SANTOBAI

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been filed by the appellant aggrieved by the order [Order dtd. 27/2/2024] of the High Court [High Court of Madhya Pradesh, Bench at Gwalior] allowing the interim application [I.A. No. 2677 of 2021] filed by the respondents seeking condonation of delay of 2,422 days in filing an application under Order XLI Rule 19 of the Code of Civil Procedure (hereinafter referred to as the 'CPC'), without assigning any reason.

(3.) Briefly, the facts are that husband of respondent no. 1 and father of Respondent no.2, one late Mangaliya Kushwaha [Mangaliya Kushwaha died on 11/4/2015] entered into an agreement to sell [Agreement to sell dtd. 25/6/2005] the land bearing Survey No.1169 measuring 0.146 hectares, Survey No.1170 measuring 0.334 hectares, Survey No.1171 measuring 0.899 hectares situated at Village Karhiya, Tehsil Chinuar, District-Gwalior, Madhya Pradesh (hereinafter referred to as the 'suit property') with the appellant herein for total sale consideration of Rs.2,00,000.00, and received a sum of Rs.1,50,000.00 as earnest money. As per the terms of the said agreement to sell, late Mangaliya Kushwaha was to execute the sale deed on or before 25/6/2006 upon receiving the balance sale consideration of Rs.50,000.00