JUDGMENT : 1. This appeal is preferred to question correctness of the judgment dated 28.01.2009. The appeal is barred by limitation from 55 days. A notice of the application preferred under Section 5 of the Limitation Act to have condonation of delay in filing the appeal was issued on 31.08.2010 in absence of counsel for the appellant. In-spite of it, no care was taken to file notices uptil 23.11.2010. On 25.01.2011, notices were filed but those were received unserved. Subsequent thereto, fresh notices were issued but those too were returned unserved with report that the address given does not pertain to the respondents. Fresh notices were again issued on 11.08.2015 but as per office report those are not complete. With this background, the appeal which was presented on 23.05.2009 is still pending at its initial stage. 2. We have examined merits of the case. Learned Single Bench accepted the writ petition in light of the judgment given by a Division Bench of this Court in the case of Urban Improvement Trust, Jodhpur & Anr. Vs. Kanhaiya Lal Jain (D.B. Special Appeal Writ No.128/2009) decided on 27.01.2009. 3. The judgment aforesaid, came to be affirmed by the Apex Court in State of Rajasthan Vs. Pareshar Soni reported in AIR 2007 SCW 7688 . It is not in dispute that the law laid down by the Apex Court in the case of State of Rajasthan Vs. Pareshar Soni (supra) and by Division Bench of this Court in the case of Urban Improvement Trust & Anr. Vs. Kanhaiya Lal Jain is still holding the field. The appeal, as a matter of fact, is squarely covered by the judgments referred above, as such, no interference with the judgment impugned is desirable. 4. The appeal is dismissed.