Appeal dismissed on merits and limitation. The court noted the appellants' non-compliance of an order imposing costs due to perpetual adjournments. The underlying matter involved a specific performance claim for an agreement to sell.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No.5163 of 2015 (O&M) Date of decision:12.11.2018
Rajbir Singh and others
... Appellants
Vs.
Santosh and others ... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. Sanjay Verma, Advocate, for the appellants.
AMIT RAWAL J. (Oral)
The costs was imposed upon the appellants on 28.08.2018. As per office report, the same has not yet been deposited. The previous orders also reveal that perpetual adjournments have been sought.
The appeal is accompanied by an application seeking condonation of delay of 46 days, at the instance of the plaintiffs, who have not been successful in claiming the discretionary relief of specific performance of the agreement to sell dated 24.11.2003. Both the Courts below concurrently held that plaintifs have not been able to prove the readiness and willingness qua appearance before the office of Sub-Registrar as the affidavit was only attested by an advocate.
In view of the reasons given above and the explanation given in the application seeking condonation of delay being not justified, the appeal is ordered to be dismissed for non-compliance of the order dated 28.08.2018, on limitation as well as on merits.
(AMIT RAWAL) JUDGE November 12, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No
SAVITA KADIAN 2018.11.13 09:05 I attest to the accuracy and integrity of this document High Court Chandigarh
Rajbir Singh and others
Santosh and others
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
