Sibghat Ullah Khan, J. - (1.) HEARD Shri Faujdar Rai, learned Counsel for the Appellant and Shri R.G. Prasad, learned Counsel for the Respondents at the admission stage.
(2.) THIS is Defendant's Second Appeal. Original Respondent - Pitambar Singh since deceased and survived by legal representatives instituted Original Suit No. 445 of 1983 against the original Appellant since deceased and survived by legal representative. Suit was decreed by IV Additional Civil Judge, Saharanpur on 31.1.1986. Defendant was directed to execute the sale deed of the property in dispute pursuant to agreement for sale after receiving balance sale consideration of Rs. 12,600/ - failing which Plaintiff was permitted to get the sale deed executed through court after depositing the balance sale consideration. Against the judgment and decree passed by the Trial Court Defendant filed Civil Appeal No. 147 of 1986 which was dismissed on 29.7.1999 by IIIrd Additional District Judge, Saharanpur hence this Second appeal. In this Second appeal No. stay order was granted hence decree was executed and sale deed pursuant to the agreement for sale was executed by the executing court in favour of the Plaintiff -Respondent. This Second appeal was taken up as fresh on 13.9.1999 and it was directed to be "Put up tomorrow as prayed." On 14.9.1999 following order was passed: List of unlisted cases are revised. Passed over and list in the ordinary course. On 27.8.2001 the following order was passed: None appears. List in ordinary course.
(3.) THEREAFTER on 23.11.2001 the appeal was ordered to be listed in due course. Ultimately appeal was dismissed in default on 22.4.2011 but was restored on 3.5.2011.;