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CASE NO.: Appeal (civil) 7371 2000

PETITIONER: CHHABI KULAVI & ANR.

       Vs.

RESPONDENT: GANESH CHANDRA MONDAL

DATE OF JUDGMENT:       14/12/2000

BENCH: M.B.Shah,, S.N.Variava

JUDGMENT:

L.....I.........T.......T.......T.......T.......T.......T..J       J U D G M E N T

     S.  N.  VARIAVA, J.

     Leave  granted.  This Appeal is against an Order dated 6th  March, 2000, wherein the Application for Condonation of Delay  in  filing  an Appeal has  been  dismissed.   Briefly stated the facts are as follows:  The Respondent had filed a title  suit  against the Appellants.  That suit came  to  be decreed ex-parte.  Thereafter the Appellants filed an Appeal which  was  filed  in  the wrong Court  and  was  ultimately transferred and filed in the right Court.  But by then there was  a delay of approximately 2 1/2 years.  The  Application for  condonation of delay has been dismissed by the impugned Order.   In  our  view, there was sufficient cause  for  the delay.   The  Appellant’s husband was ill and became  blind. Thereafter,  it is the Advocate who has filed the Appeal  in the  wrong Court.  For these causes the Appellants cannot be blamed.   We,  therefore,  condone the delay in  filing  the Appeal.   The  High  Court shall number the Appeal,  if  not already  numbered  and  take it up for  final  hearing.   We request  the High Court to dispose off the Appeal on  merits as  expeditiously as possible and preferably within a period of  six  months.  This Appeal stand disposed off  as  above. There will be no Order as to costs.@@                  JJJJJJJJJJJJJJJJJJ