1. This petition is preferred challenging the order of trial court passed in Civil Application No. 55/11 dated 22nd June 2011 where the Court rejected the request of condoning the delay of 867 days.
2. Learned advocate Mr. Munshaw appearing for Surat District Panchayat urged this Court that Court ought to have adopted a liberal approach while deciding such application although he admits that for non-furnishing of the address of the respondent the petitioner could not give appropriate reason as has been noted by the Court.
3. On having heard learned advocate Mr. Munshaw and on having perused the order impugned this Court does not find it necessary to intervene considering the gross delay on the part of the petitioner. It is pretty shocking that in a suit along with permanent injunction is being sought against the respondent who is operating from the land of the district panchayat, the petitioner for number of years could not find his address or resident despite being availed repeated opportunity by the Court. The petitioner has failed to furnish such address and there appears to be gross negligence in allowing the time to lapse. This Court in exercise of powers under Article 227 of the Constitution will have to necessarily consider as to whether there is jurisdictional error or any material illegality in the order impugned. There appears to be neither.
4. However, considering the fact that there is a substantial cause of land to be pursued, which belong to the district panchayat and of the said cause requires addressal. And in such circumstances the delay caused on account of gross negligence on the part of the petitioner is requested to be condoned. In the opinion of this Court as there are other litigations pending between the parties and there are also other courses open for the petitioner to get the suit land back by resorting to efficacious remedies and therefore, this gross negligence requires no indulgence.
5. Accordingly this petition does not deserve any entertainment and stands disposed of.
(Ms.
Sonia Gokani,J.) mary// Top