YASHODA Vs. INDRADEV

JUDGEMENT

(1.) The present petition has been filed challenging the order dtd. 11/10/2023 passed by the appellate court, thereby condoning the delay of 72 days occurred in filing regular appeal under Sec. 96 C.P.C before the lower appellate court.

(2.) The present respondents No. 1 and 2 were the plaintiffs and their suit was dismissed vide judgement and decree dtd. 30/9/2023 against which they filed appeal on 31/1/2024 which after deduction of copying days was filed with a delay of 72 days. The present petitioner who was the original defendant No. 1 is in this petition, challenges the order of condonation of delay of 72 days in filing the regular appeal.

(3.) It is contended by the petitioner herein that the petitioner is mother of respondents No. 1 and 2 and the respondents No. 1 and 2 have filed the appeal only to cause trouble to the present petitioner in her old age and in relation to family property the present petitioner is being harassed and there was no cause nor any sufficient reason was shown for condonation of delay in filing the regular appeal under Sec. 96 CPC.