K.C.GUPTA
Shashi Bala – Appellant
Versus
Hari Ram – Respondent
K.C. Gupta, J. - This revision petition is directed by the defendants against order dated 9.5.2000 passed by the Additional District Judge, Jagadhri, whereby their application for condoning the delay in filing the appeal was dismissed as time barred.
2. Briefly stated, the facts are that Smt. Bachni Devi, respondent, through her general power of attorney, Hari Ram, filed a suit for separate possession by partition of House No. 60, Shastri Colony, Yamunanagar, against the petitioners Smt. Shashi Bala etc. on 28.5.1990 on the allegation, that once it was held by Late Amar Nath, Smt. Bachni Devi widow of Sh. Siri Krishan and the petitioners (defendants) as joint Hindu family property.
3. It was further averred that Amar Nath expired on 5.12.1979 leaving behind his mother Smt. Bachni Devi, Smt. Shashi Bala widow, his son Ashish Gupta, daughters Sangeeta Gupta and Sarita (minors) as his legal heirs and, thus, the petitioners and the respondent became joint owners in equal share having 1/5th share each. However, the petitioners were in possession of the whole of the property and were enjoying the same in excess of their respective shares, so the respondent was entitled to mesne p
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