DISTRICT PANCHAYAT Vs. DIPESH NARHARIPRASAD PANDYA

JUDGEMENT

(1.) Rule. Mr.Anshin Desai, learned Advocate waives service of rule on behalf of respondent no.1 and Mr.P.K.Jani, learned Government Pleader, learned Advocate waives service of rule on behalf of respondent no.2. With the consent of the respective parties, application is taken up for final hearing today.

(2.) Present Application under section 5 of the Limitation Act has been preferred by the applicant - original defendant no.2 to condone delay of 1194 days in preferring Second Appeal challenging impugned judgment and order dated 07.10.2006 passed by the learned Additional District Judge, Junagadh in Regular Civil Appeal No.72 of 2006.

(3.) Having heard Mr.P.V.Hathi, learned Advocate for the applicant, Mr.Anshin Desai, learned Advocate for respondent no.1 and Mr.P.K.Jani, learned Government Pleader for respondent no.2 - herein and considering the fact that one Second Appeal No.192 of 2007 preferred by the State Government - respondent no.2 herein against the very judgment and order impugned in the present Second Appeal is admitted by this Court, impugned judgment and order passed by the learned Appellate Court is at large before this Court in the said Second Appeal and prima facie considering the fact that meritorious case is not defeated on the technical ground of delay, delay cased in preferring Second Appeal is hereby condoned, however, with costs which is quantified at Rs.1500/- (Rupees One Thousand and Five Hundred only) to be paid by the applicant to respondent no.1 directly by Account Payee Cheque within a period of 6(six) weeks from today. Rule is made absolute to the aforesaid extent.