1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.

2. The applicant has challenged the order passed by 7th District Judge, Nagpur in Miscellaneous Civil Appeal No.182/2018 whereby the application for condonation of delay of 2325 days for restoring the civil appeal is allowed.

3. The facts in nutshell are as under: -
The non - applicants have preferred the Civil Suit No.75/1989 for grant of temporary injunction and execution of sale deed. The applicant has filed the counter claim seeking possession in said civil suit. The non - applicants have also preferred the suit for specific performance of contract in addition to the said civil suit as Civil Suit No.588/1990 which suit was proceeded ex parte and decree for specific performance of contract was granted and the sale deed was executed in favour of non - applicants on 4.12.1992. As the suit for specific performance of contract is decreed ex parte without effecting service on applicant and without any knowledge of the filing of suit the non - applicants had withdrawn the suit i.e. R.C.S. No.75/1989, however, the counter claim filed by the applicant was allowed to be continued.