KARTARI DEVI Vs. MAHENDER SINGH

JUDGEMENT

(1.) The petitioner has invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 31.7.2007 passed by the learned Addl. District Judge, Faridabad, on an application for condonation of delay in filling the appeal.

(2.) The respondents/ transferee pendente lite on the basis of right of assignee filed an appeal against the judgment and decree passed in favour of the petitioner. The appeal was filed along with an application for condonation of delay, on the ground that on 10.1.2008, Bailiff of the Court, along with some other persons, had come to the shop of the respondents, and asked the respondents to demolish the shop in question, and to vacate the shop. The respondent No.1 showed the sale deed executed by Satbir Singh of the suit property in his favour, and also the previous sale deed executed by Raju son of Mahender Singh son of Dale Ram in favour of Satbir Sinbgh son of Hari Singh, as also the original sale deed executed by Virender Singh, Kanwar Sikngh, Tarif Singh, Ashok Kumar, sons of Smt. Shakuntla, Indira and Krishna, daughters, and Smt. Vidya Devi widow of Sant Singh son of Dul Ram in favour of Raju son of Mahender Singh. She claimed herself to be owner in possession of the shop in question, and also pleaded that she had raised construction after spending more than one lac rupees, therefore, she was a bona fide purchaser for consideration.

(3.) The case of the respondent No.1 was that he came to the Court and enquired about the judgment and decree passed, and thereafter immediately filed an appeal along with application for condonation of delay.