JUDGMENT :

1. Heard Mr. Upadhyay, learned Advocate for Petitioners and Mr. Gole, learned Advocate for Respondent No. 1.

2. Report dated 26.02.2024 filed by the Assistant Registrar, Civil Writ Petition Department states that the present Writ Petition is maintainable and rejects the contention raised by Respondents that the impugned order is to be challenged in Appeal from Order only. Hence it is taken up for hearing and disposal.

3. Present Writ Petition takes exception to the judgment & order dated 21.07.2015 passed by the learned Appellate Court in Civil Misc. Application (MCA) No. 28/2014 dismissing Application for condonation of delay of 2 years and 2 months in filing Application for restoration of Appeal. Admittedly both parties agree that delay is of 2 years and 2 months. Present Petition is filed on 07.12.2022. There is a little history as to why the Writ Petition is filed so late which needs to be delineated before I advert to the submissions made by Mr. Upadhyay and Mr. Gole.

4. RCS No. 1049/1995 is filed by Petitioners seeking declaration in respect of the suit property. After the trial, Suit was dismissed on merits on 28.07.2003. Plaintiffs being aggrieved filed statutory