Mrs. Rekha Mittal, J.:- CM 2148-C of 2013

Prayer in this application is for condoning delay of 20 days in filing the appeal.

Heard.

2. In view of averments made in the application supported by an affidavit and arguments advanced, the application is allowed and delay of 20 days in filing the appeal stands condoned.

Main case

3. Challenge in the present appeals has been directed against the judgement and decree dated 05.10.2012 passed by the Additional District Judge, Gurgaon whereby appeals against judgement and decree dated 12.10.2011 passed by the Civil Judge (Junior Division), Gurgaon were decided vide common judgement and decree dated 05.10.2012. The appeal preferred by the appellants/plaintiffs was dismissed whereas appeal preferred by the respondents/defendants was allowed and consequently, suit filed by the appellants/plaintiffs was dismissed with costs.

4. The present litigation pertains to land measuring 22 kanal 12 marlas situated in village Bohra Kalan, Tehsil and District Gurgaon in respect whereof ‘dohli’ was created in favour of Kundan husband of Javitri Devi. The appellants/plaintiffs have claimed themselves to be collaterals of Kundan and challenged the mortg