SUPERINTENDING ARCHAEOLOGIST Vs. JAYRAJ KAMLAKAR PANDE

JUDGEMENT

(1.) The appellant has challenged the judgment and order dated 01.08.2014 passed in MARJI No.334 of 2011 by the learned District Judge-5, Aurangabad, whereby the application for condonation of delay of four 4 years and 10 months in filing the appeal before the first appellate Court, came to be dismissed.

(2.) The respondent (original plaintiff) instituted Regular Civil Suit No.408 of 2001 against the present appellant seeking the relief of perpetual injunction to protect his possession over the suit property survey no.164 situate behind Bibi-ka-Makbara, Pahadsingpura, Aurangabad. The appellant resisted the suit by filing written statement. The trial Court recorded evidence of the witnesses produced by the parties. After evaluating the evidence on record, the learned trial Judge decreed the suit on 30.08.2006 and granted the relief of perpetual injunction in favour of the respondent restraining the present appellant or anybody claiming through it from disturbing possession of the respondent over the above-mentioned suit property.

(3.) The appellant filed an appeal against the judgment and order passed by the trial Court with above-numbered Misc. Civil Application for condonation of delay of 4 years 10 months in filing the appeal. The said application was contested by the respondent. The learned Judge of the first appellate Court dismissed that application on 01.08.2014. The appellant challenged that order of dismissal by filing Second Appeal (Stamp) No.29243 of 2014. After hearing both the parties, this Court partly allowed that appeal, set aside the order dated 01.08.2014 passed by the first appellate Court and remanded the matter for being decided afresh after extending both the parties sufficient opportunity to lead evidence in support of their respective contentions.