HIMLAND HOUSING PVT. LTD. Vs. OMBIR PANWAR

JUDGEMENT

(1.) This appeal challenges the impugned order and decree dated 11.07.2018 passed by the learned Additional District Judge-01/ Shahdara District, Karkardooma Courts, Delhi/ (hereinafter referred to as the learned "Trial Court") in Civil Suit No.286/2017 whereby the suit filed by the respondent/plaintiff for recovery of Rs.21.00 lacs was decreed to the extent of Rs.6.00 lacs on allowing of the application of respondent under Order XII Rule 6 CPC.

(2.) The CM APPL No.27432/2019 is moved by the appellant/ applicant seeking condonation delay of 173 days in filing the appeal on the ground the certified copy of the impugned judgment and decree though applied on 11.07.2018, was prepared on 21.08.2018 and obtained on 01.09.2018, yet there was a delay of 173 days in filing the appeal only because of the 14 cases and FIR No.351/2016 filed by the respondent and his family members against the appellants herein - the details thereof being given in para No.3 of the application. The appellant alleges that on account of being busy in cooperating with the investigation of FIR and follow up of above mentioned 14 cases there was hardly any time and resources left to file the present appeal, hence there was delay and it be condoned.

(3.) The reason given by the appellant - being busy in another cases - is a casual remark and certainly not sufficient cause / reason for non - filing of the appeal in time.