Shamsher Singh vs Ram Gopal And Others
2024 Latest Caselaw 1518 P&H

Punjab-Haryana High Court

Shamsher Singh vs Ram Gopal And Others on 23 January, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                         Neutral Citation No:=2024:PHHC:009123




CR-5425-2023(O&M)                                              2024:PHHC:009123
                                                                     1

131   IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                                  CR-5425-2023(O&M)
                                                  Date of decision :23.01.2024

Shamsher Singh                                                 ...Petitioner

                                            Vs.

Ram Gopal and others                                           ...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:     Ms. Nivedita Malik Sharma, Advocate
             for the petitioner.

             Mr. Akshay Jindal, Advocate
             for respondents No. 1 and 2.

                  ***
ANIL KSHETARPAL, J.

1. The petitioner herein was a defendant in the plaintiff's suit for

possession by way of specific performance of the agreement to sell which was

decreed on 18.12.2017. The petitioner filed the first appeal alongwith an

application for condonation of delay of 04 years and 09 months in filing the

appeal. The First Appellate Court has dismissed the application on the ground

that the petitioner has failed to furnish sufficient explanation for a colossal

delay of 04 years 09 months. Challenging the correctness of the aforesaid

order, this revision petition has been filed.

2. Heard the learned counsel representing the parties at length and

with their able assistance perused the paper-book.

3. Learned counsel representing the petitioner contends that due to

hospitalization and the old age of the petitioner, he could not file the appeal.

On a Court question, the learned counsel representing the petitioner admits that

the record of medical treatment of the petitioner is only available upto the year

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Neutral Citation No:=2024:PHHC:009123

CR-5425-2023(O&M) 2024:PHHC:009123

2019. It is evident that the petitioner came to know of the judgment and decree

in February 2020. Thereafter, his son and daughter-in-law filed an objection

petition in the execution petition. There is no explanation with respect to the

period after February 2020 because the appeal was filed on 29.09.2022.

4. In view of the aforesaid facts, no ground for interference is made out.

5. Hence, dismissed.

                                                     (ANIL KSHETARPAL)
23.01.2024                                                JUDGE
neeraj       Whether speaking/reasoned :       Yes           No
             Whether Reportable :              Yes           No




                                                       Neutral Citation No:=2024:PHHC:009123

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