JUDGMENT :

1. This order shall also govern the disposal of W. P. No. 26/12 as in both the petitions the order under challenge is dated 21-12-2011 passed by IX ADJ, Indore in Civil Regular Appeal No. 12/11 whereby the application filed by the petitioner under section 151, Civil Procedure Code for deciding the application under section 5 of Limitation Act filed by the respondents first was dismissed, present petition has been filed.

2. Short facts of the case are that the petitioner filed a suit for declaration and permanent injunction against respondent Nos. 1 to 3 which was numbered as Civil Suit No. 49-A/90 in which an ex parte decree was passed in favour of petitioner on 1-12-1993. An appeal was filed by respondent Nos. 1 to 3 against the petitioner on 25-4-2011. Since the appeal was not in time and was barred by more than 18 years, therefore, an application was filed by the respondent Nos. 1 to 3 along with the appeal under section 5 of Limitation Act alleging that the delay be condoned. The application was opposed by the petitioner in both the petitions. Since an effort was made to hear and decide the application along with the appeal, therefore, a specific application was filed