HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 975/2025 Fazzi Alias Fazri W/o Shri Rustam & Ors.

----Appellants Versus Uday Singh S/o Shri Shakti Singh & Ors.

----Respondents For Appellant(s) : Mr. Rahul Tiwari For Respondent(s) : Mr. Garvit Khandelwal HON'BLE MR. JUSTICE SUDESH BANSAL

Order

14/10/2025

1. Heard learned counsel for both parties on the application filed under Section 5 of the Limitation Act, seeking condonation of delay in filing the present first appeal.

2. Against the judgment and decree dated 02.08.2019, the present first appeal has been filed on 30.04.2025, which is delayed by 2008 days. Original defendant-Sawai Singh has passed away on 09.10.2020, hence, appeal has been filed by his daughters.

3. In the impugned judgment and decree dated 02.08.2019, a decree for specific performance, based on an agreement to sale dated 05.12.2006, was passed in favour of the respondent– plaintiff. It has inter alia been held that under the said agreement, defendant Shri Sawai Singh (now deceased) agreed to sell 1/3 share of Khasra No. 220/0.39, measuring 365 sq. yards, situated at Village Itarana, Tehsil & District Alwar, whereupon five rooms, baram