MALAVI BHANVARLAL GANESHJI Vs. HIMMATNAGAR NAGARPALIKA OFFICE

JUDGEMENT

(1.) The present Second Appeal is filed by the appellants - original applicants by challenging the impugned judgment dtd. 30/7/2010 passed below Exh.139 in Regular Civil Suit No.20 of 2002 by the rd learned 3 Addl. Senior Civil Judge, Himmatnagar as well as the judgment dtd. 15/9/2011 passed below Exh.25 and 26 in Regular Civil Appeal No.28 of 2010 by the learned Principal District Judge, Sabarkantha, whereby the same were dismissed by both the courts below.

(2.) The present Second Appeal was filed in the year 2012 and is currently pending for admission. No further orders have been passed since 2012, which is a highly concerning aspect of this matter. It clearly indicates the need for improvement in the system of the Registry for listing cases. Upon perusal the proceedings of this case, it is revealed that it was initially filed on 7/9/2012 and subsequently listed before the learned Court on 26/9/2012, which came to be dismissed for want of prosecution. However, by order dtd. 7/11/2012 in Misc. Civil Application No.3044 of 2012 for restoration, the Court restored the matter by allowing that application. Despite this, it appears that the matter was never brought before the Court again until 7/1/2020, when it was finally listed again. Throughout the year 2020, the matter was scheduled for several occasions, but unfortunately, no progress was made. For reasons best known to the Registry, the matter wen to cut off, until it was eventually brought back before this Court. Consequently, the matter is now being taken up for consideration.

(3.) Heard Mrs. Nisha M. Parikh, learned advocate for the appellants. No notice is yet issued in the present matter.