LAKHWINDER KAUR Vs. SARWAN SINGH

JUDGEMENT

(1.) The instant appeal arises out of the order passed by first appellant court (Additional District Judge, Kapurthala) on 26.07.2016 whereby execution first appeal has been dismissed as time barred.

(2.) The facts giving rise to the instant appeal are that Naranjan Singh is alleged to have executed an agreement of sale dated 07.10.2003 with respondent-Sarwan Singh in respect of agricultural land measuring 28 kanals 10 marlas. When the sale deed was not executed, respondent Sarwan Singh approached the civil court by way of suit for specific performance which was decreed vide judgment and decree dated 23.05.2009 by ld., Additional Civil Judge, Senior Division, Sultanpur Lodhi, District Kapurthala. The respondent-decree holder filed execution application in the Court of Additional Civil Judge during the pendency of which, the petitioner filed objection petition on 04.08.2011 but that objection petition was dismissed by the Court concerned vide order dated 16.04.2012, that too, without framing issues.

(3.) Against the dismissal of the objection petition vide order dated 16.04.2012, the appellant filed an appeal before the Additional District Judge, Kapurthala on 07.09.2012 along with which an application under Sec. 5 of the Limitation Act for condonation of delay beyond the period of 30 days prescribed under law was moved but the application for condonation of delay was dismissed on 26.07.2016 as having been time barred, which has necessitated the filing of the instant appeal.