VIPIN KUMAR MEHROTRA Vs. ARUN KUMAR MEHROTRA

JUDGEMENT

(1.) This second appeal is filed by the appellants against the judgment and decree dtd. 22/11/2016 passed by the learned Additional District Judge, Ramnagar, District Nainital in Civil Appeal No. 35 of 2014, whereby the appeal preferred against the judgment and decree dtd. 31/5/2014 passed by learned Civil Judge (Junior Division), Ramangar in Original Suit No. 02 of 2010 has been dismissed.

(2.) Heard on Delay Condonation Application IA No. 01/2024

(3.) As per the report of Registry, there is a delay of 2868 days in filing the present appeal, therefore, a delay condonation application is filed by the appellant/applicant to condone the delay in filing the present second appeal. In the delay condonation application, the ground stated for delay is that the father of the present appellant/applicant died in the year 2005; that, the father of the appellant had executed a Will on 2/1/2004, whereby the properties were distributed amongst the brothers and sister; that, in respect to the share of the property given to the appellant by Will dtd. 2/1/2004, a dispute arose giving rise to litigation, which was decided against the appellant; that, several times the appellant requested respondent for amicable settlement but no step was taken by the respondents to resolve the dispute; that, thereafter, the appellant/applicant consulted lawyers and finally decided that the judgment and order dtd. 31/5/2014 and judgment and decree dtd. 22/11/2016 must be challenged before this Court; that, the appeal was filed on 27/12/2024.