VED AND ORS Vs. MANI RAM AND ANR

JUDGEMENT

(1.) The Petitioners have filed the instant revision petition challenging the impugned order dated 30.11.2009 whereby the Additional District Judge, Hisar, had dismissed the application for condonation of delay of 118 days in filing the appeal against the judgment and decree dated 22.4.2009 passed by the Civil Judge (Sr. Division), Hisar.

(2.) As per the averments, civil suit for declaration filed by the Plaintiff-Respondents to the effect that the Plaintiffs have right of way by uses and easement through the street as was shown in the site plan attached with the suit with consequential relief of injunction restraining the Petitioners from interfering in the peaceful enjoyment of right of public way by the Plaintiff-Respondents, was decreed vide judgment and decree dated 22.4.2009 passed by the Civil Judge (Junior Division), Hisar.

(3.) The Defendant-Petitioners filed an appeal before the Lower Appellate Court after the expiry of the limitation period and there was a delay of 118 days. An application for condonation of the aforesaid delay in filing of the appeal was filed praying therein that the appeal could not be filed in time due to some unavoidable circumstances. The said prayer of the Petitioners for condoning the delay was not accepted and vide order dated 30.11.2009, the Additional District Judge, Fast Track Court, Hisar, dismissed the application for condonation of delay, resultantly, the appeal was also dismissed as time barred.