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MCA/1936/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 1936 of 2011
In
FIRST
APPEAL No. 66 of 2011
======================================
RITABEN
SAMUELBHAI SOLANKI WD/O SUNIL KANTILAL VYAS - Applicant
Versus
KANTILAL
MANASHEH VYAS - Opponent
======================================
Appearance :
MR
RAJESH R BAGDI for the Applicant.
MS SD RAMI for the
Opponent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/09/2011
ORAL
ORDER
1. Rule.
Ms.S.D.Rami, learned advocate waives service of notice of Rule on
behalf of the respondent.
2. Having
heard the learned advocate appearing on behalf of the respective
parties and in the facts and circumstances of the case, the present
application is taken up for final hearing today.
3. The
present application has been preferred by the applicant herein –
original defendant to restore the main First Appeal No.66 of 2011
along with Civil Application No.272 of 2011, which came to be
dismissed by this Court for non-prosecution vide order dated
20/01/2011.
4. Having
heard learned advocate appearing on behalf of the respective parties
and as the application is not seriously opposed by Ms.Rami, learned
advocate appearing on behalf of the respondent, the present
application is allowed and First Appeal No.66 of 2011 along with
Civil Application No.272 of 2011 are hereby ordered to be restored to
file. Subsequent development, if any, shall be considered in the
aforesaid First Appeal No.66 of 2011 along with Civil Application
No.272 of 2011 in accordance with law and on merits. Rule is made
absolute accordingly.
[M.R.SHAH,J]
*dipti
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