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CA/8797/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No.8797 of 2011
In
SECOND
APPEAL (STAMP NUMBER) No.72 of 2011
=========================================
NARANBHAI
MANJIBHAI KUKADIA - Appellant(s)
Versus
SUNILBHAI
SHAMJIBAHI MAKWANA & 1 - Respondent(s)
=========================================
Appearance:
MR
JD AJMERA for
Applicant(s): 1,
None for Respondent(s): 1,
RULE SERVED for
Respondent(s): 1.2.1, 1.2.2, 1.2.3,1.2.4 -
2.
=========================================
CORAM
:
HONOURABLE
MS. JUSTICE HARSHA DEVANI
Date
: 19/10/2011
ORAL
ORDER
1. By
this application, the applicant seeks condonation of delay of 284
days that has occurred in filing Second Appeal Stamp No.72/2011.
2. Mr.
Ashok Patel, learned advocate for Mr. J.D. Ajmera, learned advocate
for the applicant has invited attention to the averments made in the
application to submit that the applicant has sufficiently explained
the delay that has occasioned in filing the second appeal and as
such, the delay deserves to be condoned.
3. This
court has also heard Mr. Ketan Dave, learned advocate appearing on
behalf of the opponents.
4. Having
regard to the averments made in the application, in the opinion of
this court, sufficient cause has been made out so as to condone the
delay caused in filing the second appeal. In the circumstances, the
application is allowed. The delay caused in filing Second Appeal
Stamp No.72/2011 is hereby condoned. Rule is made absolute
accordingly with no order as to costs.
(
Harsha Devani, J. )
hki
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