Sunil Dutta Mishra, J.—

Re.: Interlocutory Application No. 01 of 2019

This Interlocutory Application has been filed for condonation of delay in filing the present Miscellaneous Application on the ground that the original petitioner inadvertently filed Second Appeal No. 471 of 2018 before this Court challenging the impugned judgment dated 13.08.2018 passed by the learned 13th Additional District Judge, Muzaffarpur in Miscellaneous Appeal No. 01 of 2018 whereby order dated 04.01.2018 passed in Miscellaneous Case No. 08 of 2016 was affirmed.

However, on the prayer of learned senior counsel appearing on behalf of petitioners, the said second appeal was permitted to be withdrawn by Coordinate Bench of this Court vide order dated 26.08.2019 with liberty to the petitioners to prefer Civil Miscellaneous under Article 227 of the Constitution of India against both the impugned orders.

Learned counsel for the petitioners submits that the time consumed in preferring the present Miscellaneous Application is due to pendency of the aforesaid second appeal and there is no intentional or deliberate delay by the original petitioner in preferring the Miscellaneous Application within time. He further subm