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FA/2340/1998 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2340 of 1998
=========================================================
FRANSIS
D CHRISTIAN - Appellant(s)
Versus
RK
SHAH & 2 - Defendant(s)
=========================================================
Appearance
:
MR
GC RAY for
Appellant(s) : 1,
DELETED for Defendant(s) : 1,
RULE SERVED for
Defendant(s) : 2,
MR HASMUKH THAKKER for Defendant(s) :
2,
UNSERVED-EXPIRED (R) for Defendant(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 06/04/2010
ORAL
ORDER
On
27/3/2009, this Court (Coram:H.K.Rathod, J.) has passed following
order:
It
is a matter of the year 1998 wherein respondent no.3 has remained
unserved as expired. No steps have been taken by appellant till this
date though more than ten years have passed. Therefore, in view of
inaction on the part of appellant, this matter is dismissed for
default.
Thereafter
by order dated 13/5/2009, the aforesaid order dated 27/3/2009 was
recalled and the First Appeal was restored to the original file.
Even
after the said order dated 13/5/2009 restoring the appeal, when the
appeal is taken up for hearing today, the appellant or advocate for
the appellant has not remained present. Hence, the appeal is
dismissed for non prosecution.
(K.M.THAKER,
J.)
(ila)
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