In the above case, the Respondent filed a civil suit in the Civil Court, Karnal against the Appellant for a mandatory injunction in relation to the suit land. The suit was decreed by the Trial Court vide Judgement dated 01.05.2001.
The Appellants aggrieved with the Judgement of Trial Court filed the first appeal in the Court of Additional District Judge, Karnal. The District Court of Karnal by the Judgement dated 07.02.2002, dismissed the first appeal and affirmed the Judgement of the Trial Court.
The Appellants then filed a second appeal in the High Court of Punjab & Haryana at Chandigarh after 1942 days (4 years 6 months) along with an Application under Section 5 of the Limitation Act, 1963 praying to condone the delay in filing the second appeal. The High Court on 20.01.2008 rejected the application and declined to condone the delay. The Court further added that the second appeal is dismissed as it is barred by limitation. The Appellant further filed a review petition which the High Court again dismissed. The Appellant then filed a special leave petition in the Supreme Court of India.