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MCA/2367/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2367 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 1073 of 2003
=========================================================
MINOR
RUPIBEN MURA WD/O MURA JETHA - Applicant(s)
Versus
TAPU
JIVA AHIR & 1 - Opponent(s)
=========================================================
Appearance
:
MR
HARESH N JOSHI for
Applicant(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4
None for Opponent(s)
: 1 - 2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/09/2008
ORAL
ORDER
Heard
learned Advocate Mr. Haresh N. Joshi for the applicant original
appellant.
Present
application has been filed by the applicant for recalling order of
this Court dated 23rd June, 2003. As the applicant has
not removed office objection on or before 21.7.2003, matter has been
dismissed for non prosecution as a consequence of order dated
23.6.2003. There is delay of 1836 days in filing of this
application.
Considering
averments made in this application and also considering the
submissions made by the learned advocate Mr. Joshi, delay is
condoned in the interest of justice as sufficient cause has been
shown to the satisfaction of this court.
Learned
Advocate Mr. Joshi for the applicant submits that some court fee
amount has not been paid by the applicant appellant in time and,
therefore, first appeal is dismissed for default, therefore,
considering the averments made in this application followed by
affidavit and also considering the submissions made by learned
advocate Mr. Joshi, order of this court dated 23.3.2003 is hereby
recalled. Consequently, First Appeal (Stamp Number) No. 1073 of 2003
is hereby recalled and said main matter is restored to original
file. Office objection(s) be removed within one week from today
failing which, the mater will again stand dismissed for non
prosecution without reference to court.
After
the office objections are removed by the appellant claimant, main
matter be circulated for admission on 4th September,
2008.
This
Miscellaneous Civil Application is disposed of accordingly.
(H.K.
Rathod,J.)
Vyas
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