CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Shashikant Gupta, Advocate for the appellant.

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NIDHI GUPTA, J. CM-7684-C-2024 Prayer in this application filed under Section 5 of Limitation Act is for condonation of delay of 130 days in filing the accompanying appeal.

2. For the reasons mentioned in the application which is duly supported by an affidavit of the applicant/appellant the same is allowed and delay of 130 days in filing the appeal is condoned.

RSA-1930-2024 (O&M)

Present second appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below; whereby the suit filed by the appellant for declaration and permanent injunction, has been dismissed with costs by both the Courts below.

2. It is the case of the plaintiff/appellant that the plaintiff and defendants are co-sharers of joint suit property, which has not yet been partitioned. Plaintiff claimed that partition proceedings were conducted DIVYANSHI vide order dated 08.04.2010; and Naksha Bay was confirmed vide order dated 16.04.2009; and Sanad Taksim/document of partition, was issued on 01.01.2014.