SANDEEP SETHI AND ANR Vs. RAJINDER KUMAR SETHI

JUDGEMENT

(1.) Praying that 1173 days delay in filing the appeal be condoned, challenge is to the impugned order dated 25.04.2008 wherein the learned Single Judge has terminated the order by observing in para 6 and 7, as under:-

(2.) It is true that the order in question has not formally passed a preliminary decree holding that Rajender Kumar Sethi and Sushil Kumar Sethi had half share each in property No.B-100, Mayapuri Industrial Area, Phase I, New Delhi, but as would be evident from the facts hereinafter noted, the parties treated said order as if a preliminary decree was passed and this is the reason why the instant appeal has been registered as a Regular First Appeal against a decree.

(3.) We are neither impressed with the argument for delay to be condoned nor with an argument laying a challenge to the decree.