JUDGMENT :

J.K. MAHESHWARI, J.

Leave granted.

2. This appeal arises out of the judgment passed on 7.8.2018 by the High Court of judicature of Bombay, Bench at Aurangabad on Civil Application No. 12143 of 2017 in Second Appeal (ST) No. 31286 of 2017 dismissing the application seeking condonation of delay and the appeal as barred by limitation.

3. The facts leading to file this appeal are that a suit for specific performance of the contract was filed by the respondent against the appellant based on an agreement to sell dated 18.2.1998 with respect to an agricultural land bearing Gat No. 21/1, admeasuring 1.54 hectares, situated at Maouje Hingone Sim Tehsil Amalner. The said suit was partly decreed exparte by judgment dated 9.12.2002 in Special Civil Suit No. 2 of 2001 by Civil Judge (Sr. Division), Amalner directing recovery of a sum of Rs. 61,000/ along with interest @ 6% p.a. from the appellant (defendant therein), while relief for specific performance of contract was denied.

4. Respondent preferred first appeal before the High Court. The appellant was duly served and appeared in the said matter through the counsel. However, due to enhancement of pecuniary jurisdiction of the District C