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CA/12915/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 12915 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 2458 of 2010
With
CIVIL
APPLICATION No. 12916 of 2010
With
CIVIL
APPLICATION No. 12917 of 2010
With
CIVIL
APPLICATION No. 12921 of 2010
======================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Petitioners
Versus
GANGABEN
WD/O CHIMANJI KESHAJI THAKORE - Respondent
======================================
Appearance :
MR NEERAJ SONI,
AGP for the Petitioners.
RULE SERVED BY DS
for the Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/01/2011
ORAL
ORDER
1. All
these applications under Section 5 of the Limitation Act, have been
preferred by the applicants – original appellants –
original Opponents to condone the delay of 786 days in preferring
First Appeals challenging the common judgement and award dated
26/03/2008 passed by learned 9th Additional Senior Civil
Judge, Mahesana in Land Reference Case Nos.4499/2003 to 4506 of
2003.
2. Though
served, nobody appears on behalf of the respondent – original
claimant. Hence, it appears that there is no opposition to the
present applications.
3. Even
otherwise, considering the averments in the applications in support
of the prayer to condone delay in preferring the First Appeals, this
Court is prima facie satisfied that sufficient cause has been made
out and even otherwise so as to give an additional opportunity to
the applicants to submit their case on merits rather than
non-shutting the same on technical ground of delay, delay caused in
preferring the respective First Appeals are hereby condoned. Rule is
made absolute to the aforesaid extent in each of the applications. No
costs.
Registry
is directed to notify main First Appeals for admission-hearing on
28/01/2011.
[M.R.SHAH,J]
*dipti
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