IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (@ Special Leave Petition (C) No. 19572/2023)
BHABESH BARUAH ...APPELLANT(S)
VERSUS
TIKENDRA NATH KAKATI SINCE DECEASED THROUGH HIS LEGAL HEIRS ...RESPONDENT(S)
O R D E R
Leave granted.
Being aggrieved by the order dated 21.07.2023 passed by the
learned Single Judge of the Gauhati High Court in Case No.
I.A/1126/2016 in R.F.A. No.30/2023, filed by the defendant(s) being
a Regular First Appeal, the successful plaintiff(s) in the suit for
specific performance has preferred this appeal.
By the order dated 21.07.2023, passed on the interim
application in the aforesaid Regular First Appeal, the High Court
has condoned the delay of 917 days in filing the appeal. Hence, the
plaintiff has preferred this appeal.
We have heard learned counsel for the appellant/plaintiff and
learned senior counsel for the respondent(s)/defendant(s) and
perused the material on record.
During the course of submission, it was brought to our notice
that the suit for specific performance was filed by the appellant
1
herein based on an Agreement to Sell dated 14.09.2003. As there
was a delay in the execution of the sale deed, legal notices were
got issued by the appellant on 08.08.2005 and 12.09.2005.
Thereafter, the suit was filed on 18.02.2006. The suit was
contested by the defendant(s) and dec...