CA/624220/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR CONDONATION OF DELAY No. 6242 of 2007 In LETTERS PATENT APPEAL (STAMP NUMBER) No. 65 of 2007 In SPECIAL CIVIL APPLICATION No. 376 of 1999 ===================================================== SURESH MAGANLAL JOGI - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ===================================================== Appearance : MR PRABHAKAR UPADYAY for Petitioner(s) : 1, Ms.Reeta Chandarana,learned Assistant Government Pleader for Respondents ===================================================== CORAM : HONOURABLE MR.JUSTICE A.L.DAVE and HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 05/08/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Though
notice of rule is not received back in respect of respondent No.2,
Ms.Reeta Chandarana, learned Assistant Government Pleader waives
service of notice of rule for respondent No.2.
This
is an application for condonation of delay of 492 days in preferring
the Letters Patent Appeal.
Heard
Mr.Prabhakar Upadhyay, learned advocate for the applicant and
Ms.Reeta Chandarana,learned Assistant
Government Pleader, for Respondents.
In
view of the averments made in the application, it cannot be said that
the delay of 492 days has remained totally unexplained. Therefore, we
are of the view that the delay caused in filing the appeal deserves
to be condoned. Accordingly, the application is allowed. Delay is
condoned. Rule is made absolute. No costs.
(A.L.Dave,J)
(Smt.Abhilasha
Kumari,J)
arg