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CA/15354/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 15354 of 2007
In
SECOND
APPEAL (STAMP NUMBER) No. 166 of 2007
=========================================================
SARAWATI
HIRAGAR (WIDOW) & 5 - Petitioner(s)
Versus
JAYENDRA
AMRUTLAL - Respondent(s)
=========================================================
Appearance
:
MR
RC KAKKAD for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6
None
for Respondent(s) : 1,
MR MEHUL S SHAH for Respondent(s) : 1.2.1,
1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.7, 1.2.9, 1.2.10, 1.2.11, 1.2.12,
1.2.13, 1.2.14, 1.2.15,1.2.17
MR SURESH M SHAH for Respondent(s)
: 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.7, 1.2.8, 1.2.9, 1.2.10,
1.2.11, 1.2.12, 1.2.13, 1.2.14, 1.2.15, 1.2.16,1.2.17
UNSERVED-EXPIRED (R) for Respondent(s) : 1.2.6
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/01/2011
ORAL
ORDER
1. Heard
learned advocate Mr.R.C.Kakkad for applicants and learned advocate
Mr.Mehul S. Shah for respondents.
2. Today,
when the matter is taken up for hearing, learned advocate Mr.Kakkad
submitted that applicants may be permitted to delete respondent No.6,
who has expired and no further details in respect to heirs and legal
representatives made available to him from applicants, because a
specific letter has been received by him from applicants. He also
submitted that necessary details have been called for from respondent
Trust in respect to new appointments made in place of respondent
No.6. But he has not received any details from respondents, so far.
3. This
application has been preferred by applicants with a prayer to condone
delay of 375 days caused in filing the second appeal. No counter has
been filed by respondents. Therefore, considering submissions made by
both learned advocates and averments made in this application
supported with affidavit, delay of 375 days caused in filing second
appeal is condoned as sufficient cause has been shown by applicant to
the satisfaction of this Court. Rule is made absolute with no order
as to costs.
[
H.K.RATHOD, J. ]
(vipul)
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