SARPANCH DHARI GRAM PANCHAYAT Vs. JAYESHKUMAR MULSHANKER BHATT

JUDGEMENT

(1.) Rule. Learned advocate Ms. Disha Nanavati waives service of notice of Rule on behalf of the respondent. With the consent of the learned advocates for both parties, this petition is taken up for final hearing today.

(2.) This petition has been filed for quashing and setting aside the judgment and order dated 19th September, 2002 passed the learned Assistant Judge, Amreli in Civil Misc. Appeal no. 60 of 2001 below application exh. 10 filed by the respondents and rejecting the appeal of the petitioners on the ground of delay.

(3.) In this case, the learned counsel for the petitioners submitted that the petitioners filed Civil Miscellaneous Appeal No. 60 of 2001 before the District Court, Amreli. It was found that there was a delay of three days and that the petitioners had not filed an application alongwith the memo of the appeal to condone that delay. The petitioners filed appeal on 27th August, 2001. On 5.4.2002, the application exh. 19 was filed for condoning the delay in filing the appeal on 5.4.2002. On that application, the court passed the order "fix for hearing". The final order has been passed on 19th September, 2002 allowing the application exh. 10 which was filed by the respondent for rejection of appeal and rejecting the appeal on the ground of delay. Therefore, the petitioners have filed the present petition.