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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
DEVNARAYAN MISHRA
Mangilal S/O Prathviraj Kumawat Through Lrs. Gopal – Appellant
Versus
Mohammad Siddik – Respondent
| Table of Content |
|---|
| 1. factual background of the case and appeal (Para 1 , 2) |
| 2. arguments regarding delay in filing appeal (Para 3 , 4 , 5) |
| 3. arguments on the merits of the appeal (Para 6 , 7 , 8) |
| 4. legal principles regarding condonation of delay (Para 10 , 11 , 12) |
| 5. court’s decision to condone delay (Para 13 , 14) |
JUDGMENT :
DEVNARAYAN MISHRA, j.
Heard on I.A No.5430/2023 an application under Section 5 of the Limitation Act for condonation of delay in filing this appeal.
1. As per I.A No.5430/2023 the applicants have filed the present appeal being aggrieved by judgment and decree passed by Learned Additional District Judge, Jawad in civil suit No.RCS-A/22/2014 dated 10.02.2022 wherein the appellants suit was partially decreed.
2. The appellants were in possession of suit land since 23.10.1982 suit was filed by the appellant for the relief of specific performance of contract and alternatively for the relief of declaration of title on the ground of adverse possession and declaring the disputed executed sale-deed void, and for permanent injunction that was dismissed.
3. As per the law the appeal ought to have been preferred before their Court within a period of 90 days excluding the period
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