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2025 Supreme(Online)(Cal) 611

CALCUTTA HIGH COURT
Justice Arijit Banerjee, Justice Om Narayan Rai, JJ
R C ESTATE PVT LTD AND ORS. – Appellant
Versus
SASHI DEVI AGARWAL – Respondent


Advocates:
Mr. S.N. Mitra, Sr. Adv., Mr. Nirmalya Dasgupta, Adv., Mr. Joyjit Roychowdhury, Adv., Mr. Rohit Chowdhury, Adv., Mr. Pradip Kumar Dutta, Sr. Adv., Mr. Chanchal Kumar Dutta, Adv., Ms. K. Mullick, Adv.

Om Narayan Rai, J.:-

1. The instant appeal assails a judgment and decree dated April 3, 2014 passed by the learned Single Judge in a suit for specific performance being CS No. 347 of 1999, whereby the learned Single Judge has decreed the suit ex-parte and directed the defendants to execute conveyance of the suit property in favour of the plaintiff/respondent.

2. There is a delay of 3884 days in preferring the instant appeal. The appellants (who had been arrayed as the defendant nos. 1, 2 and 4 in the said suit), therefore, have taken out an application being IA/GA No. 1 of 2024 praying for condonation of delay occasioned by the appellants in preferring the appeal. Since the appeal has been presented before this Court belatedly, the Court would be first required to test the validity of the reasons assigned by the appellants for such belated approach to the Court, prior to entering into the merits of the appeal.

3. The said application for condonation of delay (hereafter “condonation application”) has been opposed by the plaintiff-respondent by filing an affidavit-in-opposition and the appellants (hereafter “petitioners”) have responded thereto by an affidavit-in-reply.

4. Briefly summed

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