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CA/14972/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 14972 of 2007
To
CIVIL
APPLICATION No. 14974 of 2007
In
FIRST APPEAL (STAMP NUMBER) No. 3733 of 2007
=========================================================
STATE
OF GUJARAT & 1 - Petitioner(s)
Versus
PARAQBHAI
ISHWARBHAI - Respondent(s)
=========================================================
Appearance
:
Mr.
K.L.Pandya, Assistant GOVERNMENT
PLEADER for the
applicants.
None for Respondent(s) : 1,
NOTICE SERVED BY DS
for Respondent(s) : 1.2.1, 1.2.2,1.2.3
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date : 07/03/2008
ORAL
ORDER
Though
served, nobody appears on behalf of the respondents. These civil
applications are filed for condonation of delay of 673 days in filing
First Appeals.
2.
These Civil Applications have been preferred for condonation of delay
of 763 days in preferring First Appeals against the judgement and
award dated 28th March, 2005 passed by learned Civil Judge (Senior
Division), Bharuch in L.R.C. Nos.664 to 666 of 1998.
3.
Learned Assistant Government Pleader for the applicants submitted
that the judgement and award was passed by learned Civil Judge
(Senior Division), Bharuch on 28th March,2005. The
certified copy of the order was applied on 5th July,2007.
The same was ready for delivery on 7th December,2006,
which was obtained on 1st August, 2007. Thereafter, a proposal was
forwarded with necessary opinion to the Legal Department of the State
of Gujarat and it took sometime in studying the judgment
and relevant case papers, and, subsequently, the final decision
of preferring the Appeal was taken. However, there was a delay of
763 days in preferring the aforesaid First Appeals. Thus, because of
the departmental procedure as well as for studying case papers and
the judgment, the time has been consumed in
preferring the aforesaid First Appeals. Therefore, the delay may be
condoned.
4. Having
heard the learned Assistant Government Pleader for the applicants
and looking to the facts and circumstances of the case and the
reasons stated in the memo of the applications for condonation of
delay, in my opinion, there are sufficient and reasonable reasons for
condonation of delay. Some time has been consumed in taking an
opinion of Assistant Government Pleader of the Trial Court, under Law
Officers Rule and, thereafter, some time has been consumed in taking
decision and in that thinking process, file has moved from one
Department to another Department and, therefore, delay has been
caused in preferring the aforesaid First Appeals, is therefore,
condoned. These Civil Applications are allowed. Rule made absolute
with no order as to costs. The Registry is hereby directed to enlist
the aforesaid First Appeals on admission board on 17th March,2008.
(D.N.PATEL,J)
***darji
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