VALMIKI J. MEHTA, J.

Caveat No.151/2018

1. Counsel appears for the caveators. Caveat accordingly stands discharged.

C.M. No.7070/2018 (exemption)

2. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. Nos.7071/2018 (for condonation of delay in filing) & 7069/2018 (for condonation of delay in re-filing)

3. For the reasons stated in the applications, delay of 23 days in filing and 32 days in re-filing the appeal is condoned.

C.M.s stand disposed of.

RFA No.199/2018 and C.M. No.7068/2018 (stay)

4. This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.2 in the suit impugning the preliminary decree dated 29.8.2017 and the final decree dated 5.12.2017 passed in favour of the respondent no.1/plaintiff with respect to the suit property bearing no.4/19, East Patel Nagar, situated on a plot of 200 sq. yards.

5. At the outset, I would like to note that the appeal is not maintainable because once there are two separate decrees, one being a preliminary decree and another being a final decree, there had to be filed two separate appeals against the two separate decrees but appellant/defendant no.2 for some strange