MAYA RANI NATH Vs. LILA RANI NATH

JUDGEMENT

(1.) This interim application is filed by the review petitioners seeking condonation of delay of 1098 days in filing the review petition.

(2.) The review petitioners are the original plaintiffs in a partition suit filed by them. Against the judgments of the lower Courts they had filed Regular Second Appeal No.82/2011. Second appeal was disposed of by a judgment dated 15th February, 2016 in which following observations were made :

(3.) Review petition is filed contending that mother of the plaintiffs and the defendant No.1 had sold out lands in access of per share. Some portions were also gifted by her. During the course of the suit (first appeal and the second appeal) the plaintiffs could not point out the actual area of the land transferred by the mother by sale to different persons. It is further stated that since the area of access land gifted by the mother during her life time was not within the knowledge of the plaintiffs, they could not bring the same to the notice of the Courts. Only after the Survey Commissioner submitted his report dated 11th December, 2018 these facts of sales and gifts came to the notice of the petitioners and therefore, the judgment in second appeal is required to be modified suitably.