TOWN MUNICIPAL COUNCIL, BELGAUM Vs. SUBHAS NEELAKANTAPPA

JUDGEMENT

(1.) RSA No. 2144/2005 was admitted on 6/12/2007 on the following two substantial questions of law:

(2.) Another appeal RSA No. 2003/2005 was also admitted. These two appeals arise out of common judgment passed by the Civil Judge, Senior Division, Chikodi, in RA Nos. 71/96 and 58/96.

(3.) Actually, RSA No. 2003/2005 appears to have been dismissed by virtue of peremptory order dated 27/5/201 Now, application under Sec. 151 of Civil Procedure Code is made by the appellant in RSA No. 2003/2005 for recalling the said order. This application is also accompanied by another application under Sec. 5 of the Limitation Act, for condoning the delay in making an application under Sec. 151 of CPC. But, the counsel for the appellant in this appeal is absent today. Anyway as disposal of RSA 2144/2005 results in disposal of RSA 2003/2005 also, delay in making application under Sec. 151, CPC, for recalling the order dated 27/5/2013 is formally condoned and preemptory order recalled.