JUDGMENT

Rajiv Shakdher, J. (ORAL):

[Court hearing convened via video-conferencing on account of COVID-19]

CM No. 19768/2021[Application filed on behalf of the appellant/defendant no.1 for condonation of delay of 264 days, in filing the present appeal]

1. This is an application seeking condonation of delay.

2. The instant appeal has been preferred against a judgement of the learned single judge, dated 12.03.2019, passed in CS (OS) No.207/2018.

2.1 Via the impugned judgement, the appellant, who was arrayed as defendant no.1 in the aforementioned partition suit, has been accorded 2/7th share, whereas the other parties in the said suit, who are his siblings, would receive 1/7th share in the suit property.

2.2. Pertinently, the siblings, include three sisters.

3. Although, the argument put forth on behalf of the respondents is that, the impugned judgement and decree were passed with the consent of the parties, Ms. Vibha Datta Makhija, learned senior counsel, who appears for the appellant/defendant no.1, contends to the contrary.

3.1. However, in our view, this aspect of the matter, need not to be examined, in view of the fact that, there is no viable explanation given, which w