COLLECTOR Vs. CHANDUBHAI THAKURDAS PAGRANI

JUDGEMENT

(1.) The present Civil Application under Section 5 of the Limitation Act has been preferred by the applicants herein - original defendants to condone the delay of 248 days in preferring the Second Appeal challenging the judgement and order passed by learned District Judge, Banaskantha at Palanpur in Civil Appeal No.36 of 2007.

(2.) Having heard the learned advocates appearing on behalf of the respective parties and considering the averments in the application, it appears to the Court that delay be condoned on imposition of reasonable cost to be paid to respondent Nos.1 and 2.

(3.) Under the circumstances, delay caused in preferring the Second Appeal is hereby condoned on condition that the applicants shall deposit an amount of Rs.3,000/- with the Registry of this Court on or before 14th June,2010. On deposit of cost, Registry is directed to pay the same by account payee cheque in favour of respondent No.1 and the cheque be given to Mr.Bachani, learned advocate appearing on behalf of respondent No.1. Rule is made absolute accordingly to the aforesaid extent. No costs.