VIRENDRA GULABCHAND PATVA Vs. ASHABEN VINODBHAI DESAI

JUDGEMENT

(1.) Heard learned advocate Mr.Ronit Joy for learned advocate Mr.Maulik Nanavati for the petitioner, and learned advocate Mr.Nishit Gandhi for learned advocate Mr.P.P. Majmudar for respondent Nos.1 and 2. Despite service of notice of this Court, none appeared for respondent Nos.3 and 4.

(2.) What is sought to be challenged by the petitioner in this petition filed under Article 227 of the Constitution, is the order dated 14th October, 2014 passed by learned 8th Additional District Judge, Surat, whereby the court below allowed Civil Application No.75 of 2013 to condone the delay of 359 days in preferring appeal against judgment and decree passed in Small Rent Suit No.109 of 2007. The Court directed payment of cost of Rs.02,000/- as condition of condonation of delay.

(3.) The facts in the background may be noticed.