BALVIR SINGH Vs. VIJAY PAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Dr. G. S. D. Mishra for the contesting respondents.

(2.) Since the facts of the case are not in dispute, this writ petition is finally disposed of at this stage without calling of any counter affidavit.

(3.) The brief facts of the case are that the petitioner filed Original Suit No. 362 of 2008 in the court of Civil Judge (Junior Division) against the defendant-respondent nos. 6 to 9 for cancellation of will dated 27.11.1982 allegedly executed by one Late Roop Singh in favour of defendant respondent nos. 6 to 9. The said suit was decreed by learned Civil Judge (Junior Division) by his judgment and decree dated 8.2.2000. It appears that against the judgment and decree passed by the trial court the respondent nos. 1 to 5 filed an appeal under Section 96 of Code of Civil Procedure before the District Judge, Aligarh on 26.3.2010 which was reported to be beyond time by 16 days on 26.3.2010. It is not disputed that the memorandum of appeal was not accompanied by any application under Section 5 of the Limitation Act for condonation of delay yet the learned District Judge by his impugned order dated 6.5.2011 not only admitted the aforesaid appeal but also passed an interim order in favour of respondent nos. 1 to 5 on the same day staying the execution of the impugned decree.