ORDER

Leave granted.

2. Being aggrieved by the order dated 21.07.2023 passed by the learned Single Judge of the Gauhati High Court in Case No. I.A/1126/2016 in R.F.A. No.30/2023, filed by the defendant(s) being a Regular First Appeal, the successful plaintiff(s) in the suit for specific performance has preferred this appeal.

3. By the order dated 21.07.2023, passed on the interim application in the aforesaid Regular First Appeal, the High Court has condoned the delay of 917 days in filing the appeal. Hence, the plaintiff has preferred this appeal.

4. We have heard learned counsel for the appellant/plaintiff and learned senior counsel for the respondent(s)/defendant(s) and perused the material on record.

5. During the course of submission, it was brought to our notice that the suit for specific performance was filed by the appellant herein based on an Agreement to Sell dated 14.09.2003. As there was a delay in the execution of the sale deed, legal notices were got issued by the appellant on 08.08.2005 and 12.09.2005. Thereafter, the suit was filed on 18.02.2006. The suit was contested by the defendant(s) and decreed by judgment and decree dated 20.11.2012. The first defendant, who is sta