1. Rule. By consent, Rule is made returnable forthwith.

2. Heard Counsel for the parties.

3. This revision application is directed against the decision of the District Judge, Dhule rendered on 2nd July 2004 allowing Misc. Civil Application No. 82 of 1998 filed by the respondent for condonation of delay in filing of an appeal.

4. The appellant filed a suit bearing Regular Civil Suit No. 178 of 1987 against the respondent Municipal Council for perpetual injunction restraining it from demolishing the business premises of the applicant. The suit was filed on account of a notice issued by the respondent Municipal Council to the applicant for removal of a structure allegedly erected by him unauthorisedly on a public road belonging to the Municipal Council. By a judgment and order dated 6th May, 1995, trial Court decreed the suit and granted injunction restraining the respondent Municipal Council from demolishing the illegal structure unless suitable alternative business premises were made available to the applicant by the respondent Municipal Council. The respondent did not file an appeal against the decision within the statutory period of limitation but an appeal was filed nearly