KACHRULAL BABULAL BHUREWAL Vs. SHRIRAM GOPALRAO JOSHI

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. The petition is taken up for final disposal with consent of learned counsel for the parties.

(2.) THE petitioner had filed an objection before the Executing Court in Regular Darkhast No.157 of 1992 under the provisions of Order 21 Rule 97 of the Code of Civil Procedure. The objection filed by the petitioner was decided by the Executing Court against the petitioner by the impugned judgment/ order dated 28.4.2006. The petitioner was, however, not able to prefer an appeal against the order dated 28.4.2006 rejecting the objection till 19th June 2006. The petitioner, therefore, filed Regular Civil Appeal against the order passed by the Executing Court on 28.4.2006 along with an application for condonation of delay in filing the appeal.

(3.) THE application for condonation of delay was strongly opposed by the respondents/ original decree holders and it was canvassed that the application for condonation of delay should be dismissed with costs. The 4th Adhoc Additional District Judge, Jalna by order dated 6.7.2006 rejected the application filed by the petitioner with costs.