SK LAKU Vs. SK RIAJUDDIN & ORS

JUDGEMENT

(1.) This appeal is a time barred appeal. There was 74 days delay in filing this appeal. Last day for filing the appeal was 29th June, 2015. The instant appeal was filed on 11th September, 2015. Reason for the delay has been explained by the appellant/applicant in this application for condonation of delay. It is stated therein that the appellant/applicant is aged about 74 years and he could not file the instant appeal before 11th September, 2015 due to his illness. According to him, he was advised by his doctor to take bed rest and as per the doctor's advice, he remained in bed rest for the period from 1st July, 2015 to 4th September, 2015. Immediately after recovery within a week thereafter, the instant appeal was filed. Medical certificate showing illness of the appellant has also been annexed to the application for condonation of delay.

(2.) The application for condonation of delay being CAN 9570 of 2015 is thus disposed of.

(3.) Since the parties failed to amicably partition the suit property according to their shares in terms of the preliminary decree, final decree proceeding was initiated at the instance of the plaintiffs/respondents. Commissioner was appointed. The learned Commissioner after holding the commission at the suit property submitted a report on 3rd December, 2012 indicating therein the allotments made by him in favour of the parties as per the shares of the parties declared in the preliminary decree. The defendant/appellant submitted a written objection against the Commissioner's report on 13th May, 2013. Several adjournments were taken by them, but ultimately they did not move their objection petition. 13th March, 2015 was the date fixed for hearing of the defendant's objection against the Commissioner's report. Even on that date, the defendant submitted an adjournment application. The adjournment application was rejected by the learned Trial Judge and immediately thereafter, the report was accepted by the learned Trial Judge and thus the final decree was passed in the said partition suit by making the Commissioner's report and the sketch map as part of the final decree.