MANOHAR AND ORS. Vs. RAMESH AND ORS.

JUDGEMENT

(1.) Being aggrieved by the judgment and decree 16th March 2013 passed by the learned District Judge -9 Nagpur in Regular Civil Appeal No. 589/2012, setting aside the judgment decree dated 4.9.2004 passed by the learned Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 707/1995, the present Appeal has been filed by the appellants/original defendants in this Court.

(2.) At the time of admission, this Court had observed thus in last paragraph of its order dated 27th November, 2013: - -

(3.) On the basis of the said order, an early hearing Application was filed. Accordingly, this Court had grated early hearing of the Appeal by order dated 7th August, 2014. When the Appeal was called out for final hearing on 13th August 2014, Shri K.K. Pillai Advocate for respondent No. 1 (wrongly written as respondent No. 2) sought an adjournment which was granted by this Court. Thereafter on 24.2.2016, Civil Application, being CA(s) No. 162/2016 for early hearing pursuant to the order dated 27th November, 2013 was moved and the Appeal was fixed for final hearing on 3rd March 2016 in the presence of Advocates for the parties. On 3rd March, 2016, however, Mr. K.K. Pillai, Adv. for respondent No. 1 sought adjournment which was granted as per his convenience to 7th March, 2016 on which date, hearing of the Appeal commenced as per its serial number on the Board. But Advocate M.P. Suryawanshi h/for Mr. K.K. Pillai appeared in the midst and again mentioned for adjournment and that was granted to 8th March 2016. On 8th March 2016, the respondent No. 1 -Ramesh Patil (Phiske) appeared in person and filed an Application. This Court heard him and made a detailed order which is quoted herein -below :