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Judgment
D.N. Patel, A.C.J:
I.A. No.1732 of 2018
This interlocutory application has been preferred under Section 5 of the Limitation Act for condonation of delay of 10 days in preferring this Letters
Patent Appeal.
Having heard counsels for both the sides and looking to the reasons stated in this interlocutory application, there are reasonable grounds for
condonation of delay.
We, therefore, condone the delay of 10 days in preferring this
Letters Patent Appeal.
I.A. No.1732 of 2018 is allowed and disposed of.
L.P.A. No.211 of 2017
This Letters Patent Appeal has been preferred by the appellants (original petitioners) whose writ petition being W.P.(C) No.3971 of 2016 has been
dismissed by the learned Single, dated 28.02.2017 on the ground that the alleged illegality in the construction is yet to be proved finally. There are lot
many grievances ventilated by these appellants (original petitioners) about the illegality in the construction committed by respondent no.4 who is
developer of the property.
Illegality in the construction requires cogent and convincing evidence to be taken before the learned trial Court and it cannot be decided on the basis
of the annexures in the writ petition. Liberty is reserved with this appellant to approach the competent trial Court as per Section 15 of the Code of
Civil Procedure. Thus, no error has been committed by the learned Single Judge while deciding the writ petition being W.P.(C) No.3971 of 2016
dated 28.02.2017 and accordingly, this Letters Patent Appeal stands dismissed.