SAVABHAI LALABHAI BHANGI Vs. SHINAVAD KELAVANI MANDAL

JUDGEMENT

(1.) The respondent No.2 though served, has chosen not to contest the present application and hence there is no opposition to the present application so far as respondent No.2 is concerned. Mr.Jayneel Parikh, learned advocate has appeared on behalf of the respondent No.1.

(2.) Present application under Sec. 5 of the Limitation Act has been preferred by the applicants - original appellants for condonation of delay of 1043 days caused in preferring the main Second Appeal challenging the judgement and order dtd. 30/12/2016 passed by the learned Additional District Judge, Aravalli at Modasa in Regular Civil Appeal No.91 of 2013 (Old Regular Civil Appeal No.77 of 2012) preferred by the present applicants under Sec. 96 of the Code of Civil Procedure whereby the learned Judge has disallowed the aforesaid appeal and confirmed the order and decree dtd. 23/10/2012 passed by the learned Principal Senior Civil Judge, Modasa in Regular Civil Suit No.86 of 2007.

(3.) Mr.D.H. Bharwad, learned advocate for the applicants has submitted that the delay has been caused due to genuine reasons and due to the circumstances which were beyond the control of the applicants. It is submitted that the impugned judgement was pronounced on 30/12/2016 but the advocate who appeared on behalf of the applicants never informed the applicants and when the applicants asked about the case status, advocate always informed that the case is going on and when the applicant namely Lalajibhai Rambhai Bhangi got information on 27/11/2019 from the office of the trial court that their case was dismissed by the trial court, Lalabhai made an application for certified copy on the same day and copy was prepared by the office of the trial court on 29/11/2019 and given to the applicants on 29/11/2019.