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FAST/3006/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL (STAMP NUMBER) No. 3006 of 2008
To
FIRST
APPEAL (STAMP NUMBER) No. 3012 of
2008
=========================================================
SOMABHAI
MANSUKHBHAI BARIYA KOLI - Appellant(s)
Versus
KIRITKUMAR
BHIKHALAL SUTHAR & 2 - Defendant(s)
=========================================================
Appearance :
MR
BM MANGUKIYA for
Appellant(s) : 1,MS BELA A PRAJAPATI for Appellant(s) : 1,
None
for Defendant(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 20/04/2010
ORAL ORDER
The
appellant had preferred Misc. Civil Application Nos. 751 to 757 of
2010 with a request that the order dated 23.3.2009 may be recalled
and the delay (324 days) caused in filing the Misc. Civil Application
Nos.751 to 757 of 2010 seeking restoration of the First Appeal
(Stamp) Nos.3006 to 3012 of 2008 may be condoned.
The
said order dated 23.3.2009 was passed directing that if the office
objections are not removed by the specified date, the appeals would
stand dismissed for non-prosecution. Since necessary actions were not
taken, the appeals were treated as dismissed for non-prosecution.
Subsequently, after delay of 324 days, the applicant preferred the
aforesaid Misc. Civil Applications and sought reliefs (a)
condonation of delay of 324 days and (b) restoration of appeal (St.)
Nos.3006 to 3012 of 2008.
Having
regard to the submissions made by the learned counsel, the Court by
order dated 12.4.2010 condoned delay of 324 days caused in preferring
the appeals on the condition that all office objections shall be
removed on or before 19th April, 2010. It was further
observed in the said order dated 12th April, 2010 that,
On condition to comply with the aforesaid directions, the order
dated 23.03.2009 is recalled and First Appeal (St.) Nos.3006/2008 to
3012/2008 are restored to file. If office objections are not removed
within aforesaid stipulated time, appeals will be listed for
appropriate orders on 20.04.2010.
Despite
the aforesaid directions and inspite of the fact that earlier also
the applicant/appellant had been negligent in removing the office
objections, even after order dated 12th April, 2010, any
steps have not been taken to comply with the directions in the order
dated 12th April, 2010 and the position prevailing as on
23rd March, 2009 has been again brought about. Hence, in
view of the earlier order dated 12th April, 2010, the
appeals are dismissed for non-prosecution since the office objections
have not been removed despite the fact that the applicant/appellant
has been granted two opportunities.
[K.M.Thaker,
J.]
kdc
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