Delay Condonation App. No. 7140 of 2005 IN SA No. 11 of 2005 Hon. Prafulla C. Pant, J. Shri Pradeep Chamiyal, Advocate holding brief of Shri Sharad Sharma, learned counsel for the appellant/applicant. This is delay condonation application No. 7140 of 2005, moved on behalf of the appellant/defendant for condonation of delay in presenting the appeal against the judgment and order dated 15.01.1994, passed in civil appeal No. 34 of 1992, by Additional District Judge, Haridwar. Earlier this application was dismissed by this Court on 09.09.2005. However, the appellant/applicant, filed civil appeal No. 4944 of 2007 (arising out of SLP (C) No. 25829 of 2005), before the apex court. The apex court vide its order dated 22.10.2007, quashed the order dated 09.09.2005, passed by this Court, and restored the second appeal directing the High Court to consider the second appeal afresh in accordance with law. Keeping in view the observation made by the apex court, the delay condonation application is allowed. The delay in filing the second appeal is condoned. Also, heard on admission. Admit the second appeal on following three substantial questions of law, as suggested by the appellant:- 1. Whether a son adopted by someone else could be included in a decree for a partition when the factum of adoption stands admitted by the appellant? 2. Whether the decree is not executable because of inclusion of 1/9th share of each married daughter, which according to the Hindu Succession Act, do not fall in the chain of succession? 3. Whether the impugned judgment is bad for non consideration of the effect of Section 12 of the Easement Act? Notices are already served on plaintiff/respondents, who are represented by their counsel Shri Lok Pal Singh. Summon the lower court record. List this appeal for final hearing in due course. (P. C. P., J.) Dt. 18.07.2008 S