1. By filing this application, the applicant has prayed to condone delay of 136 days caused in filing Misc. Civil Application No.967 of 2012.
2. I have heard learned advocates for the parties.
3. Learned advocate Mr. Karnavat for the opponents objects for condonation of delay on the ground that there are number of litigations filed against the opponents.
4. Having regard to the averments made in the application and considering the fact that the averments made therein are not controverted by filing reply and the oral submissions, the applicant has shown sufficient ground to condone the delay. Therefore, this application is required to be allowed. However, in the facts of this case, the applicant is required to be saddled with cost for delay in filing the application.
5. In the result, the application is allowed. Delay of 136 days caused in filing Misc. Civil Application No.967 of 2012, is hereby condoned on condition that the applicant pays Rs.1001/- before the Registry of this Court on or before 30.4.2012. Rule is made absolute.
6. Misc.
Civil Application No.967 of 2012 is adjourned to 1st May, 2012.
(BANKIM.N.MEHTA, J.) shekhar* Top