JUDGMENT

N J Jamadar, J. - Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard finally.

2. The challenge in this petition is to the judgment and order dated 21st November 2017 passed by the learned District Judge-1, Udgir, in Misc. Civil Appeal No. 7 of 2015, whereby the learned District Judge was persuaded to dismiss the appeal and uphold the common order passed by the learned Civil Jude (J.D.), Udgir, in Misc. Civil Application No. 2 of 2008 thereby dismissing the application for condonation of delay in taking out the application for setting aside the abatement of Reg. Civil Suit No. 262 of 2000 and also dismissing the application for setting aside the abatement.

3. Shorn of unnecessary details the background facts leading to this petition can be stated as under:

a) Late Gangadhar Jagalpure was the father of petitioner Govind and co-applicant Pandurang and respondents No.5 to 7. Late Gangadhar had instituted a suit, being Regular Civil Suit No. 262 of 2000, against respondents No.1 to 4 seeking a declaration that the registered sale deed, vide No. 3944, dated 8th July 1999 executed in favour of respondent No.1 Laxmibai in respect of the