Judgment Heard on the question of admission. 1. The petitioner has filed this petition under Article 227 of the Constitution of India for quashment of the order dated 19.10.2012 (Annexure-P-1) passed by District Judge (East Nimar) Khandwa in M.A. No.05/2012, whereby, dismissing his application filed under Section 5 of the Limitation Act for condoning the delay in filing the same has been dismissed. Consequently the order dated 12.5.2009 passed by Ist Civil Judge Class-I Khandwa in Civil Original Suit No.112-A/2008, dismissing his earlier application filed under Order 39 Rules 1 & 2 of CPC has been affirmed. 2. Initially by referring the papers placed on record the petition was argued by the petitioner’s counsel at length but in view of the decision of the apex Court in the matter of Ramlal and others vs. Rewa Coalfields Ltd., reported in AIR 1962 SC 361 in which it has been held as under:- “In construing S.5 it is relevant to bear in mind two important considerations. The first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree holder to treat the decree as binding between the parties and this legal right which has accrued to the decree holder by lapse of time should not be light heartedly disturbed. The other consideration which cannot be ignored is that if sufficient cause for excusing delay is shown discretion is given to the Court to condone delay and admit the appeal.” 3. In view of the aforesaid, on making some query that in the available scenario of the matter how the delay of more than two and half years could be condoned by the appellate Court for entertaining the impugned appeal, on which instead to argue further, petitioner’s counsel seeks permission to withdraw this petition with a further prayer for appropriate direction to the trial Court to take an endeavour to expedite the trial of the impugned suit and conclude the same on some early date with time bound schedule. 4. In the available scenario of the matter by allowing the aforesaid prayer of the petitioner’s counsel, the petition is hereby dismissed as withdrawn and not pressed. 4. In the available scenario of the matter by allowing the aforesaid prayer of the petitioner’s counsel, the petition is hereby dismissed as withdrawn and not pressed. However, the trial Court is directed to take an endeavour to expedite the trial of the aforesaid Civil Original Suit No. 112-A/2008 and conclude the same on or before 30.11.2013 under intimation to this Court. 5. Petition is dismissed as withdrawn and not pressed with aforesaid observations and directions. 6. Petitioner’s counsel is directed to submit the certified copy of this order before the trial Court as early as possible probably, within 15 days. Certified copy as per rules.