State vs Against

1. Against the judgment and decree passed by the learned Trial Court decreeing the suit and directing the petitioner to appoint respondent original plaintiff on compassionate ground, State had preferred appeal before the Appellate Court. There was delay of 150 days in preferring the appeal and therefore, application to condone delay was submitted by the petitioner which is allowed by the learned Appellate Court by impugned judgment and order dated 01.04.2009 conditionally on condition that only after original plaintiff is appointed on compassionate ground as per judgment and decree passed by the learned Trial Court (which is challenged in appeal) appeal shall be registered. Being aggrieved and dissatisfied with the judgment and order dated 01.04.2009 in conditionally allowing delay condone application, petitioner State of Gujarat has preferred present Revision Application.

2. Considering impugned order passed by the learned Additional District Judge and Presiding Officer, 4th FTC, Junagadh dated 01.04.2009, it prima facie appears to the Court that same cannot be sustained. While allowing delay condone application learned Appellate Court could not have imposed condition to implement judgment and order passed by the learned Trial Court which is impugned in appeal and to direct that only on implementing judgment and order passed by the learned Trial Court, the appeal shall be registered. Hence, Notice for final disposal returnable on 14th May, 2010. Direct service is permitted today. To be placed in 11.00 A.M. Board.

[M.R.Shah,J.] satish Top