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CA/4785/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4785 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 6027 of 2009
=========================================================
STATE
OF GUJARAT & 3 - Petitioner(s)
Versus
VAGHRI
LABHUBEN TEJASBHAI POA - Respondent(s)
=========================================================
Appearance
:
MS
JIRGA JHAVERI, AGP for
Petitioner(s) : 1 - 4.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 13/05/2010
ORAL
ORDER
It
appears on perusal of the appeal memo that the property in question
is a piece of land in respect of which the applicant Government
claims ownership and title. It also appears that the case of the
applicant-appellant is that though the land in question is under the
ownership and title of the State Government, the opponent has without
impleading the State Government in the proceedings before the Trial
Court filed application for succession certificate which came to be
granted by virtue of the order sought to be impugned in the appeal.
It is also claimed that the order granting succession certificate
have been passed in absence of the State Government and without
impleading the State Government in the proceedings and also without
issuing any public notice. It transpires that after the order
granting the succession certificate was passed the applicant herein
preferred the appeal before the Lower Appellate Court and the Lower
Appellate Court, by order dated 18/4/2009, returned the application
and the appeal in view of the provisions under Section-384 under the
Indian Succession Act, 1925. Hence, now the appeal is presented in
this Court and this application seeking condonation of delay of 2970
days in preferring the captioned first appeal is preferred.
Rule
returnable on 5/7/2010.
(K.M.THAKER,
J.)
(ila)
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