STATE OF GUJARAT Vs. DAYABEN DIPAKKUMAR PRAJAPATI

JUDGEMENT

(1.) HEARD. learned AGP for the petitioners and Shri Kishor Paul, learned advocate for the respondent.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioners original defendants have prayed for an appropriate writ, direction and order quashing and setting the judgment and order passed by the learned Civil Judge, Anjar-Kutch dated 11. 5. 2007 in Civil Suit No. 29 of 2004 as well as the proceedings initiated by the present respondent being Civil Darkhast Application No. 13 of 2004. It is also further prayed for to quash and set aside the order passed by the learned Joint District Judge (Fast Track Court), Anjar in Civil Miscellaneous Application No. 485 of 2007.

(3.) SHRI Amit Patel, learned AGP has submitted that in view of the fact that the appeal is preferred against the judgment and decree dated 11. 5. 2007 passed in Civil Suit No. 29 of 2004, the said decree cannot be challenged by way of this petition and, therefore, he does not press for the said relief. He has submitted that the present petition be restricted to challenge the order passed by the learned Appellate Court passed in Civil Miscellaneous Application No. 485 of 2007, by which the learned trial Court has not condoned the delay of 150 days in preferring the appeal.