Mr. Amit Rawal, J.: (Oral) - CM-11629-C-2016

For the reasons stated in the application which is duly supported by an affidavit, the application is allowed and the delay of 85 days in re-filing the appeal is condoned.

CM stands disposed of.

2. The appellant-plaintiff is aggrieved of the judgment and decree rendered by the lower Appellate Court, whereby the suit for recovery of Rs. 3,50,000/- inclusive of interest for the period i.e. 28.06.2004 to 06.10.2009 along with future interest @ 12% p.a., has been dismissed, in essence, the judgment and decree of the trial Court has been set aside. Mr. Manish Prabhakar, learned counsel appearing on behalf of the appellant-plaintiff submits that the respondents-defendants had entered into an agreement to sell dated 12.03.2004 in respect of a land on the premise that the sale deed would be registered and executed within a period of 30 days from the date of seeking inheritance of the property. He further submits that the inheritance of the property was obtained within a period of 30 days. However, during interregnum i.e. on 28.06.2004, two months after the execution of the agreement to sell, sold the property, in dispute, to a third part