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2022 Supreme(Chh) 364

P.SAM KOSHY
Samta Sahakari Grih Nirman Samiti – Appellant
Versus
Lalit Kumar Somani S/o Gaurishankar Somani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prateek Sharma.
For the Respondents: Vaibhav A. Goverdhan, Chandradeep Prasad.

ORDER :

1. Heard on I.A. No. 1 - Application under Section 5 of the Limitation Act for condonation of delay occurred in the filing of the present Appeal.

2. The present is a Defendant No. 2's First Appeal assailing the Judgment and Decree dated 31.1.2010 passed by the 10th Additional District Judge, Raipur, in Civil Suit No. 06-A/2006.

3. The present Appeal has been filed with a delay of 3100 days. It would be relevant at this juncture to take note of the relevant contents of the I.A. No. 1, which for ready reference are being reproduced herein under:

    “2. That the learned Trial Court has partly decreed the Suit and ordered to allot the plot area 4,000 Sq. Ft. or in case of fail to allot the plot refund the amount of Rs. 600/- per Sq. Ft. with 2% interest per month to the Plaintiff, that the Defendant No. 2 has ready to comply the Judgment and Decree passed by the learned Trial Court and also ready to plot area 4,000 Sq. Ft. to the Plaintiff/Respondent No. 1 but the Plaintiff has refused to accept the offer of the Appellant/Defendant No. 2 and demanded Rs. 600/- per Sq. Ft. from the date of filing of the Civil Suit, that the Appellant Society is not in position to refund the huge amount

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