JUDGMENT :

1. Rule. Learned advocate Mr. Y.N. Ravani with learned advocate Mr. Raju K. Kothari for the respondent. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

2. This petition under Article 227 of the Constitution of India is filed by the petitioner praying for to quash and set aside the judgment and order dated 01.08.2018 passed by the learned 3rd Additional District Judge, Gandhidham – Kachchh in Civil Misc. Application No. 39 of 2016 and to condone the delay of 151 days in filing the appeal.

3. Heard, learned advocate Mr. Tirth Bhatt for the petitioner and learned advocate Mr. Y. N. Ravani with learned advocate Mr. Raju K. Kothari for the respondent.

3.1 The learned advocate for the petitioner submits that the petitioner wanted to challenge the judgment and decree passed against him by filing the appeal, however, as there was delay in filing the appeal, the petitioner preferred an application for condonation of delay, however, the said application came to be rejected by the impugned order and hence, the petitioner is before this Court by this writ petition. The learned advocate for the petitioner submitted tha