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SA/26/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 26 of 2008
With
CIVIL
APPLICATION No. 1648 of 2008
In
SECOND APPEAL No. 26 of 2008
======================================
SHASHIKANT
AMBALAL UPADHYAY - Appellant
Versus
DAMYANTIBEN
BABULAL RATHOD & 6 - Defendants
======================================
Appearance :
MR
JV BHAIRAVIA for the Appellant.
MR KISHOR M PAUL for the
Defendants.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/06/2010
ORAL
ORDER
1. The
present Second Appeal under Section 100 of the Code of Civil
Procedure has been preferred by the appellant herein original
plaintiff to quash and set aside the impugned judgement and order
dated 31/12/2007 passed in Regular Civil Appeal No.23 of 2007.
2. It
is to be noted that the present Second Appeal has been preferred in
the month of February,2008 and, thereafter, the same was adjourned at
least for 42 times and it was again taken up for admission-hearing on
28/04/2010. On 28/04/2010, learned advocate appearing on behalf of
the appellant was absent and, therefore, this Court dismissed the
aforesaid Appeal for non-prosecution with the following order :
This
Second Appeal is adjourned atleast for 42 times and on most of the
occasions, the same is adjourned due to non-availability of Shri
Bhairavia, learned advocate appearing on behalf of the appellant.
Despite the order dated 21/04/2010, again the learned advocate
appearing on behalf of the appellant is not available. Hence,
dismissed for non-prosecution.
CIVIL
APPLICATION No. 1648/2008
As
the main Second Appeal is dismissed for non-prosecution, the Civil
Application is also dismissed for non-prosecution. Notice is
discharged. Ad-interim relief granted earlier, if any, stands
vacated.
3. That
thereafter the application to restore the aforesaid Second Appeal was
preferred, which came to be considered by this Court and this Court
restored the said Second Appeal by specifically observing that the
Second Appeal is restored to file on assurance given by Mr.Bhairavia,
learned advocate appearing on behalf of the appellant that as and
when the aforesaid Second Appeal is taken up for admission-hearing,
he will make himself available or make alternative arrangement.
Thereafter, after restoration of the Second Appeal, it is again
placed for admission-hearing today.
4. Today
when the Second Appeal is taken up for admission-hearing,
Mr.Bhairavia, learned advocate appearing on behalf of the appellant
has declared before the Court that the appellant has relieved him
and, therefore, he has filed Note before the Registry of this Court
permitting him to retire. Mr.Bhairavia, learned advocate appearing
on behalf of the appellant has also stated at the bar that he has
personally informed the appellant with respect to today’s date. He
has also stated that he has taken writing from the appellant to this
effect also.
In
view of the above, Mr.Bhairavia, learned advocate is hereby permitted
to retire today from the matter. It is reported that despite the fact
that the appellant is informed about today’s date of hearing, still
no alternative arrangement is made, hence, the present Second Appeal
is dismissed for non-prosecution again.
5.
In view of dismissal of the Second Appeal, no order in the Civil
Application and the same is also accordingly dismissed. Notice is
discharged. Interim relief, if any, stands vacated forthwith. No
order as to costs.
[M.R.SHAH,J]
*dipti
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