JYOTIBEN GUNVANTRAY TIMBADIYA Vs. SACHINBHAI GUNVANTRAY TIMBADIYA

JUDGEMENT

(1.) The present petition is filed by the petitioner challenging the order dtd. 10/2/2023 passed below rd Exh.10 by the 3 Additional District Judge, Junagadh in Civil Misc. Application No.31 of 2020, by which, the order dtd. 20/1/2020 passed by the Principal Senior Civil Judge, Junagadh in Regular Civil Suit No.404 of 2004 is confirmed.

(2.) The petitioner herein is original defendant No.1 and respondent No.1 herein is original plaintiff, who has filed suit on the premise that he is co-owner of the flat No.A/ 18, situated at Neel Gagan Co. Op. Housing Society Ltd., Junagadh. Without the consent of the plaintiff, the suit is filed for declaration and permanent injunction qua the subject property.

(3.) Learned advocate Mr. Digant B. Kakkad for the petitioner has mainly contended that there is no satisfactory reason given in the application for condoning the delay caused in filing the appeal. There is a delay of 5 months and 15 days in preferring the appeal. Only reason is given pertains to the difficulty of the advocate, but no justification is given in the application as to the delay has secured in availing the remedy of appeal. "delay condonation" within prescribed period of limitation.