JUDGMENT :

ASHOKKUMAR C. JOSHI

1. Rule.

2. This petition under Article 227 of the Constitution of India is filed by the petitioners – original respondent Nos. 6 to 12 assailing an order dated 10.12.2018 passed in Misc. Civil Application No. 133 of 2016 by the learned 2nd Additional District and Sessions Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad. By the said application, the respondent No. 1 herein – State had prayed for to condone the delay of 2308 days, caused in preferring an appeal under O.41 R.(1) and (2) and Section 96 of the of Civil Procedure Code, 1908 (CPC) against a judgment and order dated 30.04.2010, decree dated 13.05.2010, passed in Regular Civil Suit No. 483 of 1969 by the learned Principal Senior Civil Judge, Ahmedabad (Rural), which came to be allowed and the delay caused in preferring the appeal was condoned.

3. Heard, learned Senior Advocate Shri I. H. Syed with learned advocate Mr. Ankit B. Pandya for the petitioners – original respondent Nos. 6 to 12, learned Assistant Government Pleader Ms. Megha Chitaliya for the respondent No. 1 – State, learned advocate Ms. Vidita Jayswal for the respondent No. 4. The rest are though served, none has put in appearance.

4. Th