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CA/15535/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 15535 of 2010
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 2345 of 2010
In
SPECIAL CIVIL APPLICATION No. 5700 of 2009
In
SPECIAL CIVIL APPLICATION No. 5700 of 2010
=========================================================
JITENDRA
PURSHOTTAMBHAI SOLANKI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HEMANT K MAKWANA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
RULE
NOT RECD BACK for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 01/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is for condonation of delay of 458 days in
preferring the appeal against the judgement and order passed by the
learned Single Judge in SCA No.5700 of 2009.
Considering
the facts and circumstances and in view of the grounds mentioned in
the application for condonation of delay, it appears that the
applicant was suffering from illness of long duration and he could
not contact his lawyer. As stated in the application, his children
and his wife are also suffering from blindness and the applicant is
handicapped himself and suffering from blindness. Therefore,
keeping in view the peculiar facts and circumstances mentioned in
the application for condonation of delay, it can be said that the
applicant was prevented, due to physical condition of his family,
from preferring the appeal within the period of limitation.
Hence,
delay deserves to be condoned and, therefore, condoned.
The
application is disposed of. Rule made absolute accordingly.
The
LPA (ST) No.2345 of 2010 be listed for hearing on 15.2.2011.
(Jayant Patel, J.)
(J.
C. Upadhyaya, J.)
vinod
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