Vinantiben Dipakbhai Jani vs Patel Amit Ishwarbhai

M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India, the Petitioner has prayed for appropriate writ, order and/or direction quashing and setting aside the impugned order passed by the learned appellate Court condoning the delay caused in preferring the appeal challenging the judgment and decree passed by the learned trial Court declaring the marriage between the Petitioner and the Respondent as null and void.

Having heard Mr. A.J. Shastri, learned advocate appearing on behalf of the Petitioner and Mr. Mahendra K. Patel, learned advocate appearing on behalf of the Respondent and considering the impugned order passed by the learned appellate Court, it appears that the learned appellate Court has not committed any error in condoning the delay, as ample opportunity will be given to the parties to submit their case on merits at the time of hearing of the appeal, however, if the amount of cost awarded by the learned appellate Court is enhanced from Rs. 1000/- to Rs. 7500/-, it will meet the ends of justice.

The learned advocate appearing on behalf of the respective parties have stated at the bar that they have no objection if the impugned order passed by the learned appellate Court is modified to the aforesaid extent and amount of cost imposed by the learned appellate Court while condoning the delay, is enhanced from Rs. 1000/- to Rs. 7500/-, and they do not invite further reasoned order.

In view of the above, impugned order passed by the learned appellate Court condoning the delay caused in preferring the appeal is hereby confirmed subject to modification that the amount of cost which is awarded by the learned appellate Court is enhanced from Rs. 1000/- to 7500/-, which the Respondent herein shall deposit with the learned trial Court within a period of THREE WEEKS from today and on such deposit, it will be open for the Petitioner to withdraw the same, which shall be paid to the Petitioner herein by Account Payee Cheque on proper verification and identification immediately. On deposit of aforesaid amount of Rs. 7500/- only, the appeal preferred by the Respondent herein is required to be heard, decided and disposed of on merits and in accordance with law. If within a period of three weeks the aforesaid amount of Rs. 7500/- is not deposited by the Petitioner herein, necessary consequences shall follow.

With these, present Special Civil Application is disposed of.