RAJENDRA PRASAD SAW Vs. PRASADI SAO

JUDGEMENT

(1.) THE present petition has been filed under Article 227 of the Constitution of India for quashing order dated 13.1.2012 passed by the Principal District Judge, Dhanbad in Misc. Appeal No. 60/2011, whereby, the learned Principal Judge dismissed the appeal on the ground of delay of 101 days in filing the appeal against the order dated 15.12.2010 passed by Sub-Judge-V, Dhanbad in Title Suit No. 13/2010, whereby the learned Sub-Judge, Dhanbad allowed the petition dated 18.9.2010 filed by the plaintiff/respondent and directed the defendant to maintain status quo till disposal of the suit.

(2.) HEARD the parties and perused the order impugned and materials produced on records.

(3.) IN support of his submission, the learned counsel for the petitioner has referred to and relied upon the judgment reported in (2010) 6 SCC 786 [Improvement Trust, Ludhiana Vs. Ujagar Singh and Ors.] and on perusal of para- 17 and 19 of the said judgment, it appears that the ratio laid down in this judgment is relevant and applicable to the facts of the present case. Paragraphs 17 and 19 of the said judgment read as under;