RAJUBHAI KANABHAI VAJA Vs. BHARTIBEN LALJIBHAI ATARA

JUDGEMENT

(1.) LEAVE to amend prayer clause.

(2.) RULE. Shri Raxit Dholakiya, learned advocate waives service of notice of rule on behalf of the respondent Nos. 1 to 3, who are main contesting party. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(3.) BY way of this petition under Article 227 of the Constitution of India, the petitioner original appellant/applicant has prayed for an appropriate writ, direction and / or order quashing and setting aside the impugned order passed by the learned 3rd Additional District Judge, Veraval dated 2. 2. 2006 passed in Civil Misc. Application No. 21 of 2005, by which the learned Appellate Court has not condoned the delay of 154 days in preferring the appeal against the order passed by the learned trial Court mainly on the ground that all the parties to the suit are not party to the appeal as well as the application for condonation of delay.