(1.) The present petition is filed by the petitioner challenging the impugned order dtd. 13/2/2023 passed below Exh.1 in Civil Misc. Appeal No.34 of 2019 by the 4 th Additional District Judge, Gandhidham - Kachchh, whereby the appellate Court below passed the order that "Copy to other side. Fixed for hearing". The main grievance of the petitioner is that though the appeal is filed in the year 2019, yet the application for delay condonation is not decided by the appellate Court below.
(2.) Heard learned advocate Mr. Dhaval V. Shah for the petitioner and learned advocate Mr.Hardik Karathiya for the respondent.
(3.) While issuing notice, this Court has called for explanation from the concerned District Court as to why the delay condonation application is pending since the year 2019.