SA No. 12 of 2009 Hon’ble Prafulla C. Pant, J. Mr. Mohd. Umar, Advocate, present for the appellant. Mr. H.M. Raturi, Advocate, present for the respondent. This is Delay Condonation Application No. 2429 of 2009, for condonation of delay in filing the appeal against the judgment and decree dated 16.09.2008, passed by first appellate court (District Judge, Uttarkashi), in Civil Appeal No. 4 of 2005, whereby the judgment and decree passed by the trial court is affirmed. Heard. There is 103 days delay in filing the appeal, which is sufficiently explained in the affidavit filed by Laxmi (appellant / applicant). The delay condonation application is allowed. Delay is condoned. Also, heard on admission. This appeal preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the impugned judgment and decree dated 16.09.2008, passed by first appellate court, affirming the decree passed by the trial court. Brief facts of the case are that plaintiff / appellant instituted Suit No. 10 of 1987 before the trial court [Civil Judge (Junior Division), Uttarkashi] for cancellation of registered sale deed executed by his father. The trial court after recording evidence and hearing the parties found that no fraud was played on the executant of the deed and as such the suit was liable to be dismissed. Accordingly, the suit was dismissed vide judgment and decree dated 22.07.2005. Aggrieved by said judgment and decree the plaintiff preferred first appeal before the District Judge, Uttarkashi, which was registered as Civil Appeal No. 4 of 2005. After hearing the parties said court also concurred with the view taken by the trial court and did not find any reason to interfere with the impugned judgment and decree passed by the Civil Judge (Junior Division), Uttarkashi. I have gone through the impugned judgments passed by the courts below and also considered the grounds taken in the memorandum of appeal by the appellant. This Court does not find any substantial question of law involved in this appeal. There is concurrent finding of fact recorded by the courts below that no fraud was played on the executant of the sale deed dated 09.02.1984 (registered on 28.02.1984). Therefore, the appeal is dismissed summarily. (Stay Application No. 2430 of 2009 also stands dismissed). (P.C.P., J.) 28.10.2009 NS