The present appeal has been filed after expiry of period of limitation. The appellant has filed an interlocutory application, vide I. A. No. 3076 of 2012 under Section 5 of the Limitation Act read with Sections 94 and 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘C.P.C.’) for condoning delay in filing the appeal. Two months and eighteen days delay has occurred in filing the appeal.

2. After hearing Sri Chitranjan Sinha, learned senior counsel for the plaintiff-appellant and considering the ground set forth in the limitation petition, same is allowed and delay in filing the appeal stands condoned.

3. The present appeal under Order 43 Rule 1(r) of the C.P.C. has been preferred against order dated 27-08-2011 passed by learned Subordinate Judge 1st , Patna (hereinafter referred to as ‘Sub Judge’) in Title Suit No. 394 of 2009, whereby, the petition filed on behalf of plaintiff-appellant for grant of interim injunction has been refused.

4. Short fact of the case is that the plaintiff-appellant had filed a suit, vide Title Suit No. 394 of 2009, for directing the defendants/respondents to execute the sale-deed, as per agreement to sale entered in between the par