IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

115 RSA-567-2023 (O&M)

Date of decision: 04.02.2025 Dharambir ...Appellant(s)

Vs.

Braham Parkash & Others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Rupinderjit Singh, Advocate for Mr. Anand K. Bishnoi, Advocate for the appellant.

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NIDHI GUPTA, J. CM-2247-C-2023 Present application under Section 151CPC is filed seeking condonation of delay of 423 days in re-filing the appeal.

The only ground on which condonation of such an extraordinary and inordinate delay of 423 days is sought, is mentioned in Para 2 of the present application, which reads as under:-

“2. That the revision was filed within time however registry put some objections on the file and brief got misplaced from the office of counsel and revision could not be refilled in proper time.”

The above cited reason is vague and does not constitute sufficient cause to condone extraordinary delay of 423 days in re-filing the appeal. Nothing has been mentioned as to why, and how the brief got misplaced, or on what date it was found again. Present application accordingly stands dismissed.

MAIN CASE The plaintiff is in second appeal against the concurrent judgments and decrees of the learned Courts below whereby the suit of the plaintiff for declaration with consequential relief of permanent injunction and joint possession, has been dismissed by the learned Civil Judge, Junior Division, Gurugram vide judgment and decree dated 31.05.2016; which has been duly affirmed by the learned Additional District Judge, Gurugram vide judgment dated 04.03.2020 dismissing the appeal filed by the plaintiff.

2. The appellant shall hereinafter be referred to as the ‘plaintiff; and the respondents as the ‘defendants.

3. Brief facts of the case of the plaintiff are that the plaintiff and the defendants No.1 to 3 are brothers and defendants No.4 and 5 are their sisters. Their father namely Siri Chand was co-owner in possession of agriculture land bearing khewat khata No.111/119 rectangle No.5 total measuring 23 kanal 9 marla to the extent of 1/6^th share; khewat/khata No.110/118 rectangle No.6 measuring 9 kanal 12 marla to the extent of 1/6^th share; khewat/khata No.107/115 rectangle No.5 and 6 measuring 31 kanal 12 marla to the extent of 1/6^th share situated within the revenue estate of village Mewka Tehsil and District Gurgaon. The said land was self acquired property of the father of parties to the suit as he had purchased the same on his own. The father of the parties to the suit executed a Will bearing no. 328 dated 04.08.2009, registered in the office of Sub Registrar, Gurgaon. The defendant no. 2 and son of defendant no.1 namely Rajesh kumar were the witness of the same. At the time testator was 85 years of age. On 18.08.2010, father of the plaintiff and defendants died and mutation no. 1531 was sanctioned on the basis of aforesaid Will vide rapat Rojnamcha no. 829 dated 31.08.2010. It is alleged that defendants no.1 to 3 had evil eyes on the property therefore, they got cancelled the aforesaid Will vide document bearing no. 833 dated 21.01.2010, registered in the office of Sub Registrar, Gurgaon despite the fact that at that time the executants was not in position to execute the document. It is alleged that aforesaid document was the result of undue advantage. On the basis of document of cancellation of Will, mutation no. 1532 dated 15.10.2010 was sanctioned and mutation no. 1531 was cancelled. It is also pleaded that under a conspiracy defendants no.1 to 3 had also got executed release deed in their favor. It is alleged that the document bearing no. 33056 dated 25.02.2011, was registered in violation of provisions of Registration Act, Indian Stamp Act and notification bearing memo no. 619-STR-1-2000- Special Chandigarh dated 03.02.2000, issued by Haryana Government because property in dispute was not the ancestral property rather it was self acquired property. The plaintiff requested defendants time and again not to assert