ORAL ORDER

Heard learned advocate for the petitioner.

2. Delay of 2415 days caused in preferring the captioned appeal challenging the judgment and order passed by the learned courts below is sought to be condoned by this application. It appears that as such the by the impugned judgment and order the petitioner is facing eviction proceedings.

3. Learned Advocate Ms.Saloni A Nikubh for Ms.Parikh, learned advocate for the petitioner would submit that petitioner is resident of Odessa and after the COVID pandemic is over when appellant returned back to Surat from Odessa, he came to know that decrees are passed against him as well as execution petition is also pending since 2017 as well as the order was also passed in the Execution Petition and therefore appellant preferred the Second Appeal where the delay is caused. She therefore prays to condone the delay.

4. At the outset, relevant observations made in paragraph 15 in the decision in case of Esha Bhattacharjee Versus Managing Committee Of Raghunathpur Nafar Academy [2013 (12) SCC 649] may be referred to which reads thus:

“15. From the aforesaid authorities the principles that can broadly be culled out are:

i) There should be a liberal, pra