Present Civil Application has been filed by the applicants - original appellants for condonation of delay of 180 days in filing the First Appeal on the ground stated in the application inter-alia that it took time in process and getting the approval.
2. Heard the learned Advocate Mr.Alok Thakor for Ms.Manisha Lavkumar, learned Advocate for the applicants and learned Advocate Mr.P J Yagnik for opponents No.1 to 4.
3. In view of the ground mentioned as well as considering the guidelines laid down by catena of judicial pronouncements with regard to pragmatic approach to be adopted in such matters as observed in by the Hon'ble Apex Court in the judgments reported in (2005) 3 SCC 752, AIR 2000 SC 2306 and AIR 1996 SC 1623, present civil application deserves to be allowed and stands allowed.
4. The delay is condoned. The application stands disposed of as allowed. Rule is made absolute. Main Appeal to be placed for admission hearing on 23/01/2012. In the meanwhile as stated earlier by the learned Advocate Mr.Yagnik, no steps for the execution shall be taken till then.
(RAJESH H SHUKLA, J.) sompura Top