1. Present application under section 5 of the Limitation Act has been preferred by the applicant herein - original petitioner to condone the huge delay of 2337 days caused in preferring the Second Appeal challenging the impugned judgement and decree passed by the learned Joint District Judge and Fast Track Court No.4, Bhavnagar in Regular Civil Appeal No. 156 of 2002 dtd. 20/8/2004, by which the learned appellate court has dismissed the said appeal confirming the judgement and decree passed by the learned 3rd Joint Civil Judge (S.D.), Bhavnagar, in Regular Civil Suit No.488 of 1991 dtd.28/10/2002, by which the learned trial court has dismissed the said suit filed by the applicant herein
- original plaintiff to remove the encroachment made by the defendants on the disputed land in question.
2. Having heard Mr.Mehul Shah, learned advocate appearing on behalf of the applicant and considering the averments made in the application in support of the prayer to condone the delay, this Court is not satisfied at all with respect to the reasons shown to condone the huge delay of 2337 days. The averments are two vague and no supporting documents are produced in support of the cause shown. Under the circumstances, when no sufficient cause has been shown to condone the huge delay of 2337 days, considering the decision of the Hon'ble Supreme Court in the case of Lanka Venkateshwarlgu (D) Lrs. Versus State of A.P. and others, reported in AIR 2011 SC 1199, present application deserves to be dismissed.
3. In view of the above and for the reasons stated above, present application fails and the same deserves to be dismissed and is accordingly dismissed. Rule is discharged. No costs.
[M.R.
SHAH, J.] rafik Top