DULA S/O VAKTAJI Vs. KAILASH AND OTHERS

JUDGEMENT

(1.) Being aggrieved by the judgment dated 19/8/2008 passed by I ADJ, Ratlam in Civil Appeal No.14-A/08 arising out of judgment dated 16/5/08 passed by II Civil Judge class-I, Ratlam in civil suit NO.133-A/07 whereby the suit filed by the appellant for declaration and permanent injunction was decreed, was set aside, the present appeal has been filed.

(2.) Since the appeal is not in time and is barred by 14 days, therefore application for conodnation of delay is filed. Sufficient ground is made out in the application for condoning the delay, hence application is allowed and delay is condoned.

(3.) Short facts of the case are that appellant filed a suit for declaration and permanent injunction alleging that it be declared that appellant is in occupation of the land measuring 0.450 Hectares bearing survey No.221/05 over which appellant has constructed well and tube well from where the appellant should not be dispossessed without following the process of law and also respondent No.3 be directed not to execute the lease deed in favour of anyone else.