SHAHURAO S/O SITARAM BHALERAO Vs. VISHWANATH

JUDGEMENT

(1.) This writ petition is directed against the order dated 17.1.2012 passed by District Judge-II, Beed in Miscellaneous Civil Application No.192/2006 in R.C.A.No.100/2002.

(2.) Respondents filed R.C.S.No.32/1993, against the petitioners for possession of the suit land. The said suit was decreed by judgment and order dated 26.7.2002 by Civil Judge, Junior Division, Gevrai. The said judgment and order dated 26.7.2002 was challenged by the present petitioners by filing R.C.A.No. 100/2002. Said Regular Civil Appeal was dismissed for default on 1.9.2005 by V Ad hoc Additional District Judge, Beed. The petitioners thereafter filed application for restoration and readmission of the said appeal. However, there was delay of 10 months and 5 days for filing the application for restoration of the appeal and, therefore, a separate application for condonation of delay was filed. Both the applications were heard and the District Judge-2, Beed, by order dated 17.1.2012 dismissed the said application for condonation of delay. Hence, this petition.

(3.) Learned Counsel for the respondents, at the outset, raised objection to the maintainability of this petition. Learned Counsel for both the sides advanced their arguments on this point and by consent, requested the Court to decide this issue first.