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FA/673/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 673 of 2010
With
CIVIL
APPLICATION No. 3034 of 2010
In
FIRST APPEAL No. 673 of 2010
=========================================================
MERCYBEN
HERBERTBHAI SOLANKI & 1 - Appellant(s)
Versus
AYRINBEN
KIRITBHAI CHRISTIAN & 2 - Defendant(s)
=========================================================
Appearance
:
MR
DHAWAN M JAYSWAL for
Appellant(s) : 1 - 2.
None for Defendant(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 30/03/2010
ORAL ORDER
Mr.
Dhawan M. Jayswal, learned advocate for the appellants, has submitted
that in the appeal, due to inadvertence, certain errors have crept-in
while preparing the Appeal and certain relevant documents could not
be referred to and/or could not be placed on record along with the
Appeal.
In
view of the infirmities and errors in the Appeal memo, Mr. Jayswal,
learned advocate for the appellants, seeks leave to withdraw the
Appeal at this stage with a liberty to file an Appeal, for the same
cause i.e. against the judgment and order dated 28.1.2010 passed in
Civil Suit No.972 of 2004, afresh. He has submitted that the
appellants would, if need be, also prefer appropriate application
seeking condonation of delay, if any, at the time of filing fresh
Appeal. He, however, seeks leave to reserve the right to file fresh
Appeal against the same judgment challenged in present Appeal and for
the same relief as prayed for in present Appeal. Considering the
request and only with a view to ensure that the appellants are not
deprived of their right of their grievance against the judgment being
considered on merits, the request as prayed for is granted. The
Appeal is permitted to be withdrawn.
It
will be open to the appellants, subject to the limitation, to file
fresh Appeal for the same cause. It is clarified that present order
shall not be used to claim relief of condonation of delay after
filing proposed fresh appeal. The appellant shall not cite this order
and shall not claim, on the basis of or in light of this order, that
delay (in filing fresh appeal) may be condoned.
The
Appeal is accordingly disposed of as withdrawn.
[K.M.Thaker,
J.]
kdc
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