1. Heard the learned counsels appearing for the parties.

Admit.

Heard finally by consent of the learned counsels appearing for the parties.

2. The trial Court passed a decree in Regular Civil Suit No. 3225 of 2012 (Old Special Civil Suit No. 687 of 20099 on 06.01.2013. The defendant is directed to hand over the vacant possession of the disputed portion of the suit property to the plaintiff. The defendant is further directed to remove the structure erected by her from the suit property and failure to do this, it is directed that the plaintiff shall be at liberty to remove the same and recover the charges from the defendant. The defendant is also directed to pay the occupation charges of Rs.32,000/to the plaintiff.

3. The defendant preferred Regular Civil Appeal along with Misc. Civil Application No. 215 of 2015 on 06.04.2015 for condonation of 764 days delay caused in filing an appeal. The material averment in paragraph no. 5 of the application is reproduced below.

"(5) …........ That no suit summons were duly served upon her at any point of time and she had no any knowledge about the so called ongoing suit proceedings against her.

4. The lower appellate Court has allowed the sa