VALMIKI J. MEHTA, J

C.M. Appl. No. 44438/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

C.M. stands disposed of.

C.M. Appl. No. 44435/2017 and 44437/2017 (for delays)

These are applications seeking condonation of delay of 781 days in filing the appeal and 28 days in filing the appeal.

Though there is no reason to condone the huge delay because the only ground for seeking condonation that the counsel did not file the appeal is not believable, yet, since the appellant has been heard on merits of the appeal, hence only delay is condoned.

C.Ms. stand disposed of.

RFA No.1026/2017 and C.M. Appl. No. 44436/2017 (for stay)

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment and decree of the trial court dated 7.7.2015 by which the trial court has decreed the suit filed by the respondent/plaintiff for a sum of Rs.6,00,000/-along with interest at 9% per annum.

2. The facts of the case pleaded by the respondent/plaintiff were that the appellant/defendant approached the respondent/plaintiff that the owner of a property bearing no. C-7/492 admeasuring 25 sq. yards, J.J. Co