Surya Prakash Kesarwani, J. - (1.) Limitation for filing cross-objection under Order 41 Rule 22 C.P.C. and Condonation of delay, are the points involved in the present applications filed by the plaintiff-respondent.
(2.) Heard Shri Atul Dayal, learned counsel for the applicant/cross objector and Shri Rahul Sahai, learned counsel for the defendant-appellant on Delay Condonation Application No. 194761 of 2007 in/and Cross Objection No. 194762 of 2007.
(3.) Shri Atul Dayal, learned counsel for the applicant submits that the limitation for the purposes of Order 41 Rule 22 C.P.C. with regard to filing of cross objection shall start from the date when the appeal is fixed for final hearing or in the facts of the present case from 05.04.2007 when the order dated 18.10.2005 dismissing the appeal are abated was recalled. He submits that consideration of the objection of the plaintiff/respondent no. 2 against the interim order dated 11.08.1979 and 06.02.1980 shall not amount to hearing of the appeal. In support of his submission he relied upon the judgment of the Hon'ble Supreme Court in the case of Mahadev Govind Gharge & Others vs. Special Land Acquisition Officer, Upper Krishna Project, Jamkhandi, Karnataka, 2011 6 SCC 321 (Paragraph nos. 59 & 60).;