JUDGMENT :

SANDEEP K. SHINDE, J.

1. This Appeal under Order XLIII, Rule 1(r) (Bombay Amendment) of the Code of Civil Procedure, 1908 (‘CPC’ for short) challenges, the order dated 10th December, 2021, by which the learned District Judge-1, Niphad, District Nashik, refused to restore the Regular Civil Appeal No. 78 of 2012, which was dismissed for committing breach of the Undertaking to the Court, noted in the, order dated 27th April, 2011 passed in the First Appeal No. 1638 of 2006.

2 In brief, facts of the case are as under:

Appellant was a defendant in Special Civil Suit No. 41 of 2004, instituted by the respondent/plaintiff, seeking decree of specific performance of the contract dated 23rd April, 2004 qua land admeasuring 1H 83R (hereinafter called ‘Suit Land’). Suit was decreed on 1st April, 2006. Whereafter, appellant fled First Appeal No. 1638 of 2006 before this Court. It was admitted. Pending appeal, respondent/plaintiff, moved Civil Application No. 836 of 2011 seeking, order of injunction to restrain the appellant, from creating third party rights in the suit property. On 27th April, 2011, this Court passed the following order:

“Heard learned counsel for the parties. Learned cou