HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 671/2024 Krishan Kumar S/o Ramkishan Yadav and Ors. ----Appellants/Plaintiffs Versus Mohar Singh S/o Mohanlal, R/o Village Madhosinghpura, Tehsil Behror, District Alwar (Raj.) (Now Deceased) and Ors. ----Respondents For Appellant(s) : Mr. Tanveer Ahamad Mr. Mohsin Khan For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 13/10/2025 1. This is plaintiffs’ first appeal against the dismissal of their civil suit for declaration, specific performance and permanent injunction in respect of immovable property in question based on an agreement to sale dated 28.03.2012. Plaintiff’s alleges their possession over the suit property. 2. Office has pointed delay of 62 days in filing the first appeal, hence, seeking condonation of delay, a separate application under Section 5 of the Limitation Act has been filed by and on behalf of appellant, assigning reason that they reside at Haryana and their power of attorney holder felt ill, hence, could not present the first appeal in time. Application is supported with affidavit. 3. It is trite law that the delay in filing statutory appeal can be condoned, if the delay is not suffered from malafides and not exorbitant. 4. Considering the period of delay of 62 days and reasons assigned by the appellant, which do not prima facie, appears to be [2025:RJ-JP:41768] (2 of 2) [CFA-671/2024] suffer from malafide, delay in filing the appeal is condoned subject to payment of cost of Rs. 2000/-. 5. Accordingly, application under Section of the Limitation Act, stands allowed and payment of cost of Rs. 2000/- be deposited with the Litigants Welfare Fund by way of demand draft/ banker’s cheque in the name of Registrar General LWFA, Rajasthan High Court Bench Jaipur within a period of six weeks. 6. The amount so deposited by the appellant be paid to the respondent, who shall be at liberty to raise objection in respect of delay, if do not agree to accept the cost. 7. List the matter after four weeks. 8. In the meanwhile, appellant may cure defect(s) pointed out by the office. (SUDESH BANSAL),J NITIN /66