2 Notice of Motion No. 2585 of 2012 is taken out for seeking leave to file Appeal by condoning the delay in filing the Appeal. It is submitted on behalf of the Applicant that the Suit filed by Respondent No.1 (original Plaintiff) against Respondent No.2 (original Defendant) was decreed on 26th August, 2008. According to the learned counsel appearing on behalf of the Applicant the said decree was obtained by Respondent No.1 in collusion with Respondent No.2. As a result of which the property which is in their possession will be handed over to the original Plaintiff in the execution proceedings. It is submitted that the Chamber Summons No. 2148 of 2011 taken out by the Respondent No. 1/Plaintiff in execution application no. 186 of 2009 was served on the Applicant on 4th January, 2012. It is the case of the Applicant that settlement talks were going on between January, 2012 to August, 2012 and after the settlement talks failed, an application for certified copy of the entire papers of the proceedings was filed on 13th August, 2012 and the copies were delivered on 3rd September, 2012. It is submitted that actual date of proper knowledge was 4th January, 2012 after service of the execution proceedings and, therefore, there is the delay of 280 days. It is submitted if date of the decree is taken into consideration then delay will be of 1476 days.
