PRAKASH JAYNTILAL GANDHI Vs. HANSAGAURI CHANDRAKANT RANA

JUDGEMENT

(1.) Heard learned Advocate Mr. M. M. Saiyed for the petitioner, though served none appears on behalf of the respondents no. 1 and 2.

(2.) By way of this application, the applicant has prayed for setting aside of an order dtd. 1/11/2021 passed by the learned 4 th Additional District Judge, Bharuch in Civil Miscellaneous Application No. 153 of 2016 whereby the learned District Court had been pleased to reject the application preferred by the present applicant for condoning of delay of approximately 970 days which had occurred in preferring of appeal against the judgment and order passed by the learned Additional Civil Judge, Bharuch dtd. 10/3/2014 in Regular Civil Suit No. 249 of 2007.

(3.) Learned Advocate Mr. Saiyed on behalf of the petitioner would submit that the cause for delay, which had been explained before the learned First Appellate Court, being that upon the judgment and decree which had been challenged, being passed, the parties had started settlement talks and whereas, such settlement talks went on for quite some time and whereas, in the interregnum, the respondents herein had instituted Execution Petition no. 1 of 2015 for executing the judgment and decree concerned and whereas, for almost 18 months, the notice of the Executing Court had not been served upon the present applicant. Learned Advocate Mr. Saiyed would submit that it was only upon the notice of the Executing Court being served upon the present applicant that the present applicant had immediately preferred the appeal along with application for condonation of delay in which application the impugned decision was passed.