AJIT SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) Since there is a delay of 263 days in refiling the appeal, CM 13963-C of 2010 has been filed. Further there being delay of 106 days in filing the appeal, CM No.13964-C of 2010 has been filed. The applications are supported by the affidavit of counsel for the appellant/appellant respectively.

(2.) For the reasons stated in the applications supported by the affidavit, the same are allowed and delay in filing and refiling the appeal is condoned.

(3.) Plaintiff/appellant-Ajit Singh is in second appeal against the concurrent findings recorded by both the courts below, whereby his suit for possession by way of specific performance of agreement dated 29.11.2000 was dismissed by Additional Civil Judge(Sr. Division), Guhla vide judgment and decree dated 07.08.2007 and findings thereof were affirmed in appeal vide judgment and decree dated 06.03.2009 passed by Additional District Judge, Kaithal.