VINANTIBEN DIPAKBHAI JANI Vs. PATEL AMIT ISHWARBHAI

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction quashing and setting aside the impugned order passed by the learned appellate court condoning the delay caused in preferring the appeal challenging the judgement and decree passed by the learned trial court declaring the marriage between the petitioner and the respondent as null and void.

(2.) HAVING heard Mr.A.J. Shastri, learned advocate appearing on behalf of the petitioner and Mr.Mahendra K. Patel, learned advocate appearing on behalf of the respondent and considering the impugned order passed by the learned appellate court, it appears that the learned appellate court has not committed any error in condoning the delay, as ample opportunity will be given to the parties to submit their case on merits at the time of hearing of the appeal, however, if the amount of cost awarded by the learned appellate court is enhanced from Rs.1000/- to Rs.7500/-, it will meet the ends of justice.

(3.) WITH these, present Special Civil Application is disposed of.