- (1.) C.M.No.9886-C of 2015 For the reasons stated in the application, duly supported by an affidavit, delay of 16 days in re-filing the appeal is condoned. C.M. stands disposed of. RSA No.4051 of 2015 (O&M)
(2.) The appellant-defendants are aggrieved of the judgments and decrees of both the Courts below, whereby, suit for possession by way of partition and mandatory injunction, filed at the instance of the respondent-plaintiff, has been decreed.
(3.) Mr. Rajan Bansal, learned counsel appearing on behalf of the appellant-defendants submits that in the month of December, 1983 an oral partition had taken place, whereby, one plot was given to the plaintiff and this fact was admitted in the replication, thus, khata remains joint. However, the arrangement between the parties had been proved on record but this fact has not been noticed by both the Courts below. Exclusive possession of the property had been proved owing to partition, thus, prays for setting aside of the impugned judgments and decrees of the Courts below, much less, substantial question of law arises for adjudication of the present appeal.;