C.M.No.12129-C of 2010 in RSA No.4068 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M.No.12129-C of 2010 in RSA No.4068 of 2010(O&M) Date of Decision: July 6, 2011 Amarjeet Bhatia and others .....Applicants-appellants v. Moti Ram Bhatia and another .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Sandeep Chhabra, Advocate for the applicants-appellants. ..... RAM CHAND GUPTA, J.(Oral) C.M.No.12129-C of 2010 There is delay of 772 days in refiling the present appeal. Plea has been taken that counsel for the applicants-appellants contacted the lawyer of the applicants-appellants in the first appellate Court for supplying certified copy of judgment and decree passed by learned trial Court and, however, he was made to understand that the matter has been compromised between the parties as they belong to the same family and hence, appeal was no refiled. However, lateron applicants-appellants contacted the counsel and requested him to file the appeal on the plea that the matter has not been compromised. Even if this plea is accepted, it cannot be said to be a sufficient ground for condoning the inordinate delay of 772 days in refiling the appeal. It is a family dispute and it seems that the litigation is sought to be revived even after some compromise arrived between the parties. It is also C.M.No.12129-C of 2010 in RSA No.4068 of 2010(O&M) -2- to be mentioned here that no evidence was adduced by appellants-plaintiffs before learned trial Court despite taking sufficient opportunities and hence, their evidence was closed and the suit was dismissed. Even the first appeal was not filed within prescribed period of limitation. There was delay of 338 days in filing the appeal before first appellate Court and as no sufficient cause was made out for condoning the delay, application for condonation of delay filed by appellants-plaintiffs was dismissed by learned first appellate Court. As a result of which appeal filed on behalf of appellants-plaintiffs was also dismissed. It may also be mentioned here that litigation is regarding residential house and the same is between closely related parties. Suit has been filed initially by Smt.Pari Bai Bhatia against her husband and son. In view of these facts, what to talk of sufficient ground, no ground whatsoever is made out for condoning the delay of 772 days in refiling the present regular second appeal. Hence, application for condonation of delay of 772 days in refiling the present appeal is dismissed. RSA No.4068 of 2010 Dismissed as having not been re-filed within prescribed period of limitation. 6.7.2011 (Ram Chand Gupta) meenu Judge