Gujarat High Court Case Information System
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CA/1496/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 1496 of 2009
In
FIRST
APPEAL (STAMP NUMBER) No. 3172 of 2004
=========================================================
SAJJANBEN
@ SUDHABEN,WD/O INDRASING DHULABHAI GOHIL & 3 - Petitioner(s)
Versus
IQBAL
MAIYUDDIN SHAIKH & 4 - Respondent(s)
=========================================================
Appearance
:
MR
MTM HAKIM for
Petitioner(s) : 1 - 4.
RULE NOT RECD BACK for Respondent(s) : 1 -
2, 5,
RULE UNSERVED for Respondent(s) : 3,
MR DAKSHESH MEHTA
for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 18/03/2009
ORAL
ORDER
Heard
learned advocate Mr. MTM Hakim on behalf of applicant, learned
advocate Mr. DB Mehta appearing for insurance company. Rule issued
by this Court is not received back for respondent no. 1, 2 and 5 and
remain unserved for respondent no. 3.
The
present application is filed with a prayer to condoned delay of 100
days in filing first appeal.
However,
considering submissions made by learned advocates and averment made
in this application supported with affidavit, delay of 100 days is
condoned in the interest of justice as sufficient cause is shown by
applicant to the satisfaction of this Court.
Accordingly,
Rule is made absolute.
It
is made clear that this order is passed in absence of respondent no.
1 to 3 and 5, if they have any objection or grievance in respect to
aforesaid order then they may file appropriate application before
this Court.
(H.K.RATHOD,
J)
asma
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