SHESHRAO VITHOBAJI LAKHAPURKAR Vs. SHYAMRAO SHILADIN JAISWAL

JUDGEMENT

(1.) Rule with the consent of the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 29/4/2011 passed by the learned Ad hoc District Judge-1, Amravati, by which order the application for condonation of delay of five months and 15 days in filing the application for restora-tion of the application for condonation of de-lay in the First Appellate Court came to be rejected.

(3.) The petitioner herein has suffered a decree in Regular Civil Suit No. 50/2005, which suit was filed by the respondent herein claiming easementry right in respect of light and air, the petitioner and the re-spondent are neighbours. The suit has been decreed on 31/3/2006 and the appeal in the First Appellate Court came to be filed on 15th February, 2008. Since it was be-lated, the petitioner filed an application for condonation of delay and the principal ground on which condonation of delay was sought by the petitioner, was that there, was a communication gap between him and his Advocate and that the petitioner was also suffering from various ailments, which has resulted in the said delay. It appears that the said application for condonation of delay was dismissed in default on 1st July, 2010 on account of non appearance of the Advocate and, thereafter the applica-tion for restoration of the said application came to be filed after a period of 5 months and 15 days.