Gujarat High Court Case Information System
Print
CA/7761/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 7761 of 2010
In
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 7762 of 2010
In
CIVIL APPLICATION No. 1276 of 2009
======================================
RAJUJI
PRATAPJI DABHI - Petitioner(s)
Versus
BAKUBEN
KISHORSINH & 5 - Respondent(s)
======================================
Appearance
:
MR YOGESH G DEV for
Petitioner(s) : 1,
None for Respondent(s) : 1,1.2.1
RULE
SERVED BY DS for Respondent(s) : 1.2.2
RULE SERVED for
Respondent(s) : 1.2.3, 1.2.4, 1.3.1, 1.3.2, 1.3.3,1.3.4 - 5.
MR
NIRAL R MEHTA for Respondent(s) : 4 - 5.
- for Respondent(s) :
6,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 29/11/2010
ORAL
ORDER
1.
Present Civil Application has been filed for condonation of delay of
700 days caused in filing the application for substitution of heirs
of deceased Respondent No.1/1 Dabhi Kishorsinh Laxmnji on the grounds
stated in the application.
3.
Heard Mr.Yogesh Dev, learned counsel for the applicant and Mr.Niral
Mehta , learned counsel for the respondents.
4.
In view of the settled guidelines laid down for condonation of delay
and the grounds set out in the application, it has been explained
sufficiently. As per the judgment of Hon’ble Apex Court reported in
AIR 2000 SC 2306 in the
case of State of Bhiar and Ors., vs. Kamleshwarprasad Singh and
ors., and in the case of
N.Balakrishnan vs. M.Krishnamurthy reported
in J.T. 1998 (6) SC 242, the condonation of delay has
to be considered in a pragmatic manner, and, therefore, the present
application is allowed. Delay of 700 days caused in filing
application for substitution of heirs of deceased Respondent No.1/1
Dabhi Kishorsinh Laxmnji is condoned. Rule is made absolute.
(RAJESH
H. SHUKLA, J.)
Amit
Top