SATISH AND ORS. Vs. HUKAM SINGH AND ORS.

JUDGEMENT

(1.) CM -6887 -C -2013.

(2.) THIS is an application filed under Section 151 of the Code of Civil Procedure praying for condonation of 926 days delay in refiling the appeal.

(3.) THE appellants filed a joint written statement raising objections with regard to maintainability of the suit and locus -standi of the plaintiffs etc. Controverting the pleadings of the plaintiffs, they alleged that since the suit property is adjacent to the 'abadi'. They had purchased the same for constructing their residential houses and being owners have a right to do so. They also claimed that the co -sharers had already partitioned the suit property orally are in physical possession to the extent of their respective shares. Pleading that the suit had been filed with a motive to harass and humiliate them, they prayed for dismissal of the same.