MALKIT SINGH Vs. KOMAL SHARMA

JUDGEMENT

(1.) The present regular second appeal has been filed for setting aside the concurrent findings of the Courts below, whereby the suit of the plaintiff-respondent was decreed for recovery of Rs.55 lakhs on account of earnest money alongwith interest @ 9% from the date of filing of the suit till the date of order and future interest at the same rate. The same is directed against the judgment and the decree of the Civil Judge, SAS Nagar, Mohali dated 12.03.2018, which was upheld in appeal on 14.08.2019 by the then District Judge.

(2.) Initially, an appeal bearing RSA No.5594 of 2019 had been filed, which was dismissed as withdrawn on 18.02.2020 and the Coordinate Bench had recorded the factum that after arguing for sometime counsel wishes to withdraw the present appeal with liberty to file a fresh one with better particulars. Resultantly, the appeal was dismissed with the liberty as such. The second appeal has thus now been filed alongwith application for condonation of delay of 123 days in filing the same, in which it has been averred that the earlier counsel had not informed the appellant and only when the auction notice had been fixed, he had come to know about the said order and sought condonation.

(3.) Firstly, the delay in the opinion of this Court is not of 123 days, since the judgment and decree of the Appellate Court was dated 14.08.2019 and the appeal was only filed on 01.03.2021, even if we take the date of withdrawal into consideration. Since the main appeal as such now is being decided on merits for the reasons given below, no serious consideration on the application for condonation of delay as such is required.