BABUBHAI MATAI JOSHEPH Vs. SUKHASING TULASISING LABANA

JUDGEMENT

(1.) The Applicant has filed this Application for condonation of delay of 105 days in preferring the captioned First Appeal on the grounds stated in the memo of application.

(2.) Heard learned Advocate Mr. Hiren Modi for the Applicant and Ms. Karuna Rahevar for the respondent No. 3. The Court has taken up this matter for condoning the delay though the cause list reflects that the respondents No. 1 and 2 are unserved.

(3.) Learned advocate Mr. Modi for the applicant submitted that so far as liability is concerned, the same is not challenged against the respondents No. 1 and 2, therefore, presence of the respondents No. 1 and 2 may kindly be dispense with.