SCA/293/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 293 of 2008 ========================================== ASHOKKUMAR KANTILAL NIRMAL & 2 - Petitioner(s) Versus DHIRUBHAI BHAVANBHAI MORVADIYA & 1 - Respondent(s) ========================================== Appearance : MR MM TIRMIZI for Petitioner(s) : 1 - 3. MR VIREN G DAVE for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 2, ========================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 14/07/2008 ORAL ORDER
By
way of this petition, under Article 227 of the Constitution of India,
the petitioners have prayed for appropriate writ, order or direction
and to quash and set aside the order dated 15/11/2007 passed in Civil
Miscellaneous Application No. 560/2006 in not condoning the delay of
more than two years in preferring the Appeal from Order passed below
Exh. 5. On the pleadings, it appears that the order below Exh. 5 in
Special Civil Suit No. 55/2001 came to be passed by the learned trial
Court on 29/07/2002 and the application for breach of injunction came
to be filed by the plaintiffs on 19/12/2003 and the notice of the
same came to be served upon the petitioners somewhere on 13/01/2004
and the same is admitted by the petitioners. Still, the petitioners
preferred the appeal before the learned Appellate Court challenging
the order passed below Exh. 5 only on 06/05/2006 i.e., after a
period of more than two years after receipt of the notice of breach
of injunction and after four years of the order passed below Exh. 5.
It appears that no explanation has been given atleast for the period
between 13/06/2004 till May, 2006 and, therefore, it cannot be said
that the learned Appellate Court has committed an error in dismissing
the application for condonation of delay. Further on the facts and
circumstances of the case, and more particularly, when the suit is of
the year 2001, the learned trial Court is directed to decide and
dispose of Special Civil Suit No. 55/2001 as early as possible but
not later than 31/12/2009. The parties concerned shall cooperate
for early disposal of the aforesaid suit within the stipulated time
as stated hereinabove. Parties to complete the pleadings within a
period of four months from today. With this, the present Special
Civil Application is dismissed.
(M.R.
SHAH, J.)
siji