RAMESHWAR Vs. SADHU

JUDGEMENT

(1.) RESPONDENT No. 1, herein, filed a suit for possession of specific portion after partition by metes and bounds of property measuring 26 Kanals comprising Khewat No. 138 min Khatouni No. 369 min. rect. No. 70 Khasra Nos. 5/3 (2-0), 6(8-0), 7(8-0), 15(8-0), Kittas 4 situated at village Ghalaur H.B. No. 159 Sub Tehsil Radaur, Tehsil Jagadhri, District Yamuna Nagar and consequently for permanent injunction restraining the defendants from raising construction over any specific portion of the suit land till the final partition of the same.

(2.) VIDE judgment dated 3.10.1996, learned Civil Judge (Junior Division), Jagadhri passed a preliminary decree in favour of respondent No. 1 for possession of specific portion of the suit property after its partition by metes and bounds. The defendants in the suit were restrained from raising any construction over any specific portion of the suit land till final partition of the same. Application was, thereafter, filed by respondent No. 1 for preparation of final decree. An objection was raised by Maya Ram, but later on he withdrew the same by making a separate statement that he had no objection if the final decree was prepared as per report of Local Commissioner. Ultimately, on 29.1.2003, learned trial Court ordered for preparation of final decree as per report of the Local Commissioner.

(3.) LEARNED lower appellate Court dealt with the application filed under Section 5 of the Limitation Act for the condonation of delay and held that the appellants miserably failed to show any cause, much less sufficient cause, for the condonation of delay in filing the appeal. The application was, consequently, dismissed. In view of the dismissal of the application, even the appeal did not survive for consideration and was also dismissed. Under these circumstances, the appellants filed the present second appeal in this Court.