MADHU RAM Vs. KACHRU LAL

JUDGEMENT

(1.) THE appellant plaintiff has preferred this second appeal against the impugned judgment and decree dated 24th of September 2012 passed by the Addl. District Judge (Fast Track) No.1, Pali, Headquarter Jaitaran, District Pali (for short, learned first appellate Court'), whereby the learned first appellate Court has affirmed the judgment and decree passed by the learned Civil Judge (Jr.Div.) Bar, District Pali (for short, 'learned trial Court') dated 11th of January 2010.

(2.) THE appellant plaintiff instituted a civil suit against the respondent for perpetual and mandatory injunction before the learned trial Court and the learned trial Court after recording evidence of the rival parties, decided the crucial issue No.1 against the appellant and dismissed the suit. Feeling aggrieved from the judgment and decree of the learned trial Court, the appellant preferred appeal before the learned first appellate Court, and the learned first appellate Court on examining the matter afresh and appreciating the evidence and other materials on record, fully concurred with the findings and conclusions of the learned trial Court and dismissed the appeal of the appellant. The appellant has made yet another attempt before this Court by way of preferring this second appeal under Section 100 CPC.

(3.) FOR seeking condonation of inordinate delay of 272 days, the appellant has filed an application under Section 5 of the Limitation Act. Craving indulgence of this Court for condonation of delay, the facts narrated in Para 2 to 5 are as under: