- (1.) Heard learned counsel for the parties.
(2.) The plaintiff/applicant instituted a suit for permanent injunction against the defendant/second respondent in respect of the suit property described in the plaint. The suit was dismissed, aggrieved the applicant preferred Civil Appeal along the the delay condonation application under Section 5 of the Limitation Act. The respondents filed objections to the delay condonation application. The appellate Court/Additional District Judge rejected the application vide order dated 9 October 2015. The applicant is assailing the aforementioned order in a petition being under Article 227 of the Constitution.
(3.) An objection has been raised by the learned counsel appearing for the respondents that since the application for condonation of delay has been rejected consequently, the appeal would stand dismissed, therefore, the remedy available to the applicant is to approach the second Appellate Court under the Code.;