DHARMDEV Vs. HARPREET SINGH AND OTHERS

JUDGEMENT

(1.) Decree holder (DH) Dharamdev by filing this revision petition under Article 227 of the Constitution of India has assailed order dated 2.9.2011 passed by lower appellate court thereby condoning delay of 223 days (since 17.4.2007 till 29.11.2007) in filing appeal.

(2.) DH-petitioner allegedly advanced loan to proforma respondent no. 4 judgment debtor (JD) on 21.11.1996 and filed suit for recovery of money in the year 1999 and suit was decreed on 13.12.2001 and thereupon DH filed execution petition in which disputed land was attached and sold. Respondents no. 1 to 3 herein who are two sons and wife of the JD filed objections in the execution petition against sale of the disputed land alleging that they are owners of the said land pursuant to decree dated 23.1.1993 passed in their favour against JD-proforma respondent no. 4 and mutation on its basis sanctioned on 5.9.2001.

(3.) On 17.4.2007, objections of respondents no. 1 to 3 were disposed of by the executing court observing that none had appeared for the objectors since morning. Objectors filed appeal on 30.11.2007 against the said order dated 17.4.2007 along with application for condonation of delay in filing the said appeal since 17.4.2007 till 29.11.2007. It was alleged that the objectors were present in the executing court on 17.4.2007 and they had gone to call their counsel when the case was called by the executing court, but the counsel was busy in another court and at about 4.00 PM, the counsel told the objectors the next date of hearing as 30.4.2007. However, when the executing court passed final order dated 25.10.2007 confirming the sale, then the objectors learnt that their objections have been disposed of on 17.4.2007. On these averments, condonation of delay in filing the appeal was sought.