HANMANT Vs. MASTER ANIL

JUDGEMENT

(1.) This second appeal is filed by the respondents in F.D.P. No. 2/2008 along with an application under Section 5 of the Limitation Act seeking to condone the delay of 191 days in preferring the appeal. I have heard the learned counsel appearing for the appellants and perused the judgments and decrees of the Courts below. The respondents were serviced and remained unrepresented.

(2.) The lower appellate Court by its judgment and decree dated 30.10.2010 dismissed the regular appeal filed by the appellants, challenging the order passed in F.D.P. No. 2/2008 for drawing up of final decree. The appellants have applied for the certified copy of the said judgment and decree of the lower appellate Court on 26.11.2010 and secured the copies on 11.01.2011 and have presented this appeal on 22.09.2011 and there has been delay of 191 days in preferring this second appeal.

(3.) The appellant No. 1 in para-4 of his affidavit filed in support of I.A. No. 1/2011 has stated that the judgment in R.A. No. 1018/2009 was pronounced on 30.10.2010 and the decree was drawn on 15.11.2010. The application for certified copy of the order was applied on 26.11.2010. The certified copy was ready on 11.01.2011 and the same was received by their counsel before the lower Court at Belgaum on the same day and the very same day he has intimated to them through post card. But the said post card has not been served to them, may be it was lost in the post office or served to any wrong person.