JUDGMENT :

Salil Kumar Rai, J.

1. Heard the Counsel for the parties.

2. Against the order dated 10.6.1983 passed by the Consolidation Officer (hereinafter referred to as, 'C.O.') in the chak allotment proceedings registered under section 21 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953'), the respondents filed an appeal before the Settlement Officer of Consolidation (hereinafter referred to as, 'S.O.C.') on 9.2.2009. The appeal was filed almost twenty five years after the order passed by the CO., and therefore, an application under section 5 of the Limitation Act, 1963 was also filed by the respondents to condone the delay in filing the said appeal. The explanation for the delay in filing the appeal was that proceedings registered under section 9-A(2) of the Act, 1953 as a result of title dispute regarding the disputed plots were pending before the appropriate consolidation authorities and subsequently before this Court and the said dispute was finally decided in favour of the petitioner vide order dated 28.8.2002 passed by this Court. The S.O.C. vide his order dated 26.10.2009 dismissed the delay condonation application and consequen