GORDHAN Vs. PRASANNA CHAND BURAD

JUDGEMENT

(1.) Heard learned counsel for the parties. An application has been filed by the appellants under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal.

(2.) Learned counsel for the appellants submitted that the suit was filed by the plaintiff against Abdul Raseed and Ayub Bhai seeking specific performance of contract dated 24.08.1995 in the year 2011. Even after filing of the suit, the suit property was transferred to the appellants by a registered sale-deed on 05.10.2011. The said fact was not brought to the notice of the trial court and after contest, the trial court decreed the suit on 10.04.2014. The appellants on becoming aware of the passing of the decree when the revenue authorities informed them about the mutation entries, filed present appeal alongwith leave to appeal.

(3.) The leave to appeal has been granted by the Court by its order dated 03.03.2021 and in view of the fact that the appellants were unaware of the pendency of the suit and passing of the decree, the delay in filing the appeal may be condoned.