MODU SONSING VANJARI Vs. KAMALABEN BASILAL PATIL

JUDGEMENT

(1.) This Second Appeal is filed by subsequent purchaser challenging the judgment and order passed by the District Judge thereby not condoning the delay of approximately 3 years in filing the appeal before the District Court. FACTS:

(2.) The plaintiff in the lower Court, who is respondent no. 1 herein, had filed suit for partition, declaration and separate possession against her two sisters. The said suit was decreed and the trial Court had granted a decree of 1/3rd share in the suit property to the plaintiff therein and so also 1/3rd share to each of the defendants - two sisters. So also, the trial Court declared that the sale deeds executed by defendant no. 1 in favour of defendant no. 5 and sale deed executed by defendant no. 2 in favour of defendant no. 3 is not binding on the share of plaintiff in the suit property. The said decree of trial Court was passed on 22/1/2015. The present appellants were represented by their advocate in the trial Court.

(3.) Thereafter, since there was no appeal filed, the original plaintiff filed execution application before the trial Court. The present appellants, who are the subsequent purchasers, appeared in the execution application proceedings, however, they did not file any kind of appeal challenging the judgment and decree of the trial Court. Much later on 30/7/2018, the present appellants / subsequent purchasers filed appeal along with application for condonation of delay. The said application for condonation of delay was heard and dismissed by the learned appellate Court. Hence, the appellants herein have preferred the present second appeal challenging the order of not condoning the delay of 3 years. SUBMISSIONS:-