VAGHJIBHAI AMARSHIBHAI SAPRA Vs. DILIPBHAI AJUBHAI DODIYA

JUDGEMENT

(1.) Order dtd. 10/02/2023 passed by the learned Principal District Judge, Surendrnagar in Civil Misc. Application No.57 of 2022 condoning the delay of 194 days caused in preferring the appeal before the learned first appellate Court against the judgment and decree passed by the learned trial Court is sought to be challenged in this petition under Article 227 of the Constitution of India.

(2.) Necessary facts for deciding this petition are that petitioner has filed RCS No.51 of 2013 before learned Civil Judge, Muli which was decreed in favour of the petitioner on 20/03/2020 wherein petitioner has prayed for removal of encroachment from the land of the petitioner. The petitioner has also preferred execution being Regular Execution No.1 of 2021 before the learned Court below and during the proceeding of the execution, respondent has filed Civil Misc. Application No.57 of 2022 under Sec. 5 of the Limitation Act seeking condonation of delay of 196 days caused in preferring the appeal which came to be allowed by the learned first appellate Court after hearing both the sides and said delay was condoned on the ground of payment of costs of Rs.500.00 with the DLSA, Surendranagar. The said order has been challenged in this petition.

(3.) Heard learned Advocates appearing for the respective parties.