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AO/152/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 152 of 2011
With
CIVIL
APPLICATION No. 4989 of 2011
In
APPEAL FROM ORDER No. 152 of 2011
=========================================
ZALA
DHARMENDRASINHJI KISHORSINHJI & 1 - Appellant(s)
Versus
PATEL
AMRUTBHAI CHHAGANBHAI & 2 - Respondent(s)
=========================================
Appearance
:
MR JV JAPEE
for Appellant(s) : 1 -
2.
MR VM PANCHOLI for Respondent(s) : 1 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/06/2011
ORAL
ORDER
1. Considering
the affidavit-in-reply filed on behalf of respondent No.1, Shri
Japee, learned advocate appearing on behalf of the appellants, under
the instruction from his client – appellant No.1 who is
personally present in the Court, seeks permission to withdraw the
present Appeal From Order and Civil Application therein
unconditionally. He has also tendered unconditional apology on behalf
of the appellants for not disclosing the correct facts before the
learned trial Court as well as this Court with respect to disposing
of some of the suit properties during the pendency of the
proceedings. In the facts and circumstances of the case, this Court
was not inclined to permit the appellants to withdraw the present
Appeal From Order without imposing exemplary cost. Shri Japee,
learned advocate appearing on behalf of the appellants, under the
instruction from the appellants, has stated at the Bar that
appellants are ready and willing to deposit the
cost which may be quantified by this Court. This Court suggested
that appellants can be permitted to withdraw the present Appeal and
unconditional apology tendered by them can be accepted on condition
that they deposit Rs.25,000/- with the Registry of this Court, which
is agreeable to Shri Japee, learned advocate appearing on behalf of
the appellants as well as original appellant No.1, who is personally
present in the Court.
2. In
view of the above, unconditional apology tendered on behalf of the
appellants is hereby accepted and the appellants are permitted to
withdraw the present Appeal From Order and Civil Application therein
unconditionally on condition that the appellants shall deposit a sum
of Rs.25,000/- with the Registry of this Court within a period of one
week from today and on such deposit, Registry is directed to transmit
the same to Gujarat State Legal Services Authority. If the aforesaid
amount is not deposited by the appellants within the aforesaid
period, Registry is directed to place the present Appeal From Order
on board for appropriate orders. With this, present Appeal From
Order and Civil Application are dismissed as withdrawn
unconditionally.
(M.R.
Shah, J.)
*menon
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