DELHI HIGH COURT
REKHA PALLI
Ramesh Nath Sharma – Appellant
Versus
Raj Nath Sharma – Respondent
JUDGMENT
Rekha Palli J. (Oral)
RFA 193/2022 & CM APPL. 21203/2022 (condonation of delay of 522 days).
1. The present appeal seeks to assail the judgment and decree dated 31.07.2018 passed by the ADJ-02, Patiala House Courts, New Delhi in CS No.57150/2016. Vide the impugned judgment, the learned Trial Court has decreed the respondent/plaintiff's suit for partition in respect of the property bearing No. 21 Bazar lane, Bengali Market, New Delhi.
2. The appeal is accompanied by an application seeking condonation of delay of 522 days in filing the appeal. Learned counsel for the appellant submits that appeal could not be filed within the prescribed time as the appellants were not aware of the final decree being passed against them on 31.07.2018. He submits that it was on account of the appellants' mother being hospitalized between 2017 to 26.08.2019 when she unfortunately expired, they could not appear before the learned Trial Court during the said period and were therefore not aware of the final judgment being passed by the learned Trial Court. He further submits the erstwhile counsel of the appellants did not inform them regarding the passing of the judgment and therefore, prays t
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