CANTONMENT BOARD Vs. B K CONSTRUCTION COMPANY

JUDGEMENT

(1.) By consent of the parties, the present Civil Revision Application is taken up for final hearing.

(2.) By way of present Civil Revision Application, the applicant challenges the order dated 9th March, 2007, vide which the Miscellaneous Civil Application No.771/2006 filed by the present applicant for condonation of delay in filing an appeal challenging the judgment and order, dated 26th June, 2006 passed by the learned Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No.231/2000.

(3.) Shri N.N. Motghare, the learned Counsel appearing on behalf of the applicant submits that the applicant had erroneously filed an appeal challenging the judgment and order passed by the learned trial Court before this Court. It is submitted that when it was pointed out to the notice of the learned Counsel for the applicant that the appeal was erroneously filed, the appeal was withdrawn from the High Court and presented on the same day before the District Court.