Mahendra Dayal, J. - (1.) HEARD Shri Shafiq Mirza, learned counsel for the appellant and Sri Sharad Kumar Shukla who has appeared on behalf of the respondent.
(2.) THIS appeal has been filed assailing the judgment and order dated 11.11.2010 passed by the Additional District Judge, Sitapur in Civil Miscellaneous Case No. 161 of 2008, whereby the application of the appellant for condonation of delay in filing the first appeal has been dismissed. This Court vide order dated 11.02.2011 admitted the second appeal on substantial question of law Nos. 1 and 5, which are reproduced as under: - "(1) As to whether the court below violated the provisions of Section 5/14 of the Limitation Act while refusing the statutory benefit for condonation of delay, provided therein, to the appellant? (5) As to whether the appeal under section 96 C.P.C. was not maintainable in the court of District Judge -
(3.) THE brief facts giving rise to the second appeal are that the plaintiff -appellant filed a suit for mandatory injunction against the respondent Nos. 1 to 3 directing them to remove their possession from the disputed plot and pay compensation in accordance with the provisions of Land Acquisition Act along with the interest of 24% per annum. The said suit was dismissed by the learned trial court vide judgment and decree dated 20.03.2001.;