LAWS(GJH)-2008-5-262

PATEL AMARSHI PARSHOTTAMBHAI Vs. PATEL AVCHAL TAPUBHAI

Decided On May 13, 2008
Patel Amarshi Parshottambhai Appellant
V/S
Patel Avchal Tapubhai Respondents

JUDGEMENT

(1.) RULE . With the consent of the learned advocates for the parties and in the facts and circumstances of the case, this matter is taken up for final hearing today.

(2.) BY filing this petition under Article 227 of the Constitution of India, the petitioners have prayed to quash and set aside the order dated 31 -1 -2008 passed by learned Presiding Officer, Fast Track Court No.9, Morbi below Exh.13 in Civil Misc. Appeal No. 37 of 2007 refusing to condone delay of 222 days caused in preferring restoration application.

(3.) RESPONDENTS filed Regular Civil Suit No.9 of 1991 and prayed for the relief of declaration and injunction. The said suit came to be renumbered as Regular Civil Suit No. 289 of 1997. The trial court by judgment dated 27 -2 -2002 passed decree in favour of the respondents. Therefore the petitioners filed Regular Civil Appeal No. 11 of 2002. The said appeal came to be dismissed for default by order dated 20 -9 -2006. Therefore, the petitioners filed application for restoration of appeal. But as there was delay of 222 days caused in filing restoration application, Civil Misc. application No.37 of 2007 to condone the delay of 222 days caused in filing of the restoration application.