SUMATHI Vs. RAJU

JUDGEMENT

(1.) C.M. Appl.1739/09 is filed seeking condo nation of delay of 430 days in filing this appeal against an order, by which, the court below dismissed two petitions seeking to set aside an ex party decree for specific performance of an agreement for sale and for condo nation of delay in making such application. At that stage, the delay was 364 days. For the elaborate reasons stated in the impugned order, the court below noticed that the case has a checkered career and there was no reason to condone the enormous delay of 364 days in applying to set aside the ex party decree or to set aside such decree.

(2.) When this appeal came up before us with an application seeking condo nation of delay of 430 days in filing this appeal, the Plaintiff Respondent filed a counter affidavit pointing out that no satisfactory reason has been shown to have the delay condoned. With this, we noticed that there was an element of settlement and the matter was referred for mediation. That failed.

(3.) Thereafter, certain discussions were had on the basis of deliberations in the sitting in chambers and it was agreed by the parties that the transaction could be settled for Rs. 7 lakhs and on the decree being set aside, the Plaintiff may be given refund of the entire court fee paid in the suit and the stamp papers on which the sale deed is engrossed may also be ordered to be released for cancellation with refund in terms of law. The balance sale consideration deposited by the Plaintiff could also be considered for refund in that event. These matters are recorded by us in order dated 8.12.2010.