RAJENDRAKUMAR ADHWARYU Vs. PARMANAND

JUDGEMENT

(1.) In view of listing the matter for hearing IA No. 14107/11, respondents' application for early hearing of this appeal does not require any further consideration, hence the same is disposed of.

(2.) Heard on IA No. 312/06, appellants' application under Section 5 of the Limitation Act for condoning the delay in filing the present appeal as the same has been filed barred by 5 years and 130 days, as reported by the office.

(3.) In the aforesaid application, interlia it is stated that the impugned judgment was passed by 2nd Additional District Judge, Tikamgarh in Civil Regular Appeal No. 09/98, vide dated 11.5.2000. Subsequent to such judgment, the period from 12.5.2000 to 25.2.2000 was spent by the appellant in obtaining the certified copy of the same. Thereafter on dated 22.8.2000 within the prescribed period, on behalf of the appellant against such judgment, S.A. No. 1011/2000 was filed. In pendency of the same under bonafide advise, an application for conversion of such appeal into civil revision was filed on 5.9.2000. After allowing such second appeal was converted as C.R. No. 1574/01 and was admitted on 7.7.2003. Subsequent to that on coming to know that revision is not tenable against the impugned judgment, then the appellant had withdrawn such civil revision with liberty to file writ petition vide order dated 25.8.2004 and subsequent to it, the present second appeal was filed on 21.12.2005, i.e. after near about 1 years and 170 days.