SADANAND Vs. TULSI

JUDGEMENT

(1.) THIS second appeal is by the 5th defendant in O.S.37/1999 aggrieved by the judgment and decree passed by the courts below in decreeing the suit of the plaintiffs declaring the plaintiffs as owners in respect of Sy.No.52/5E to the extent of half each comprising of the land only and also in Sy.No.622A/3D and granted permanent injunction restraining defendants from obstructing plaintiffs from enjoying Sy.No.622A/3D and further declaring that plaintiffs are entitled for compensation awarded in respect of Sy.No.52/5E pertaining to the land only, and further holding that defendants 1 and 2 are entitled for the remaining properties including house which has been situated in Sy.No.52/5E acquired by the Government and the compensation thereof.

(2.) ALONG with the appeal, an application in I.A.3/2013 under Section 5 of the Limitation Act is filed seeking to condone the delay of 129 days in filing the appeal.

(3.) PLAINTIFFS have brought a suit in O.S.37/1999 for the relief of permanent injunction restraining defendants from obstructing them in enjoying the suit Sy.No.622A/3D and from taking compensation in respect of acquisition of property bearing Sy.No.52/5E and alternatively for the relief of partition that each of the plaintiffs has 1/3rd share in the compensation in respect of the above mentioned acquired property and the land bearing Sy.No.322A/3D by metes and bounds.