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CA/9301/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No.9301 of 2011
In
SECOND
APPEAL (STAMP NUMBER) No.154 of 2011
=========================================
VAKHARDIBEN
TANYABHAI PAWAR & 3 - Applicant(s)
Versus
VAKHARDYABHAI
POSLYABHAI PAWAR - Respondent(s)
=========================================
Appearance:
MR
PS CHAMPANERI for
Applicant(s): 1 - 4.
MR PRAKASH G PANDYA for Respondent(s): 1,
MR
HIMANSHU N BANKER for Respondent(s):
1,
=========================================
CORAM
:
HONOURABLE
MS. JUSTICE HARSHA DEVANI
Date
: 11/11/2011
ORAL
ORDER
1. By
this application, the applicants seek condonation of delay of 29 days
that has occurred in filing Second Appeal Stamp No.154/2011. Mr.
K.P. Champaneri, learned advocate for the applicants has drawn the
attention of the court to the averments made in the application to
submit that the delay that has occurred in filing the second appeal
has been sufficiently explained and as such, the same deserves to be
condoned.
2. On
the other hand, Mr. Prakash Pandya, learned advocate for the
respondent has opposed the application stating that no case has been
made out so as to condone the delay in filing the second appeal.
3. A
perusal of the averments made in the application indicates that the
applicants are poor and illiterate persons and for the reasons stated
in paragraph 3 of the application, could not prefer the second appeal
within the prescribed period of limitation. In the opinion of this
court, sufficient cause has been made out so as to condone the delay
of 29 days caused in preferring the appeal.
4. The
application is, therefore, allowed. The delay caused in filing
Second Appeal Stamp No.154/2011 is hereby condoned. Rule is made
absolute accordingly with no order as to costs.
(
Harsha Devani, J. )
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