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2021 Supreme(P&H) 1126

ANIL KSHETARPAL
Madan Mohan – Appellant
Versus
Kushaldeep Singh – Respondent


Advocates Appeared:
Akshay Bhan, Advocate, Santosh Sharma, Advocate, Ranjit Saini, Advocate

JUDGMENT

Anil Kshetarpal, J. - The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. The plaintiff has filed this revision petition under Section 115 of the Code of Civil Procedure assailing the correctness of an order passed by the learned first appellate Court declining to condone the delay of 151 days in filing the first appeal.

3. Some facts are required to be noticed.

4. The plaintiff filed a suit for possession of plot measuring 4650 sq. yds. comprised in Khasra No.845/2(7-14) situated in village Patti Gill, Tehsil and District Bathinda, by way of specific performance of the agreement to sell dated 21.11.2009. As per the agreement to sell dated 21.11.2009, the property was agreed to be sold for Rs.4 Crore, after receipt of Rs.1,50,00,000/- as earnest money.

5. The defendant contested the suit and submitted that he has received a sum of Rs.67,50,000/- and not Rs.1,50,00,000/-. Along with the suit, an application for grant of an injunction was filed which was allowed by the learned trial Court vide an order dated 23.05.2012. The defendant filed an appeal before the learned first appellate court assailing the correctness of

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