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CA/9129/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 9129 of 2008
In
SECOND
APPEAL (STAMP NUMBER) No. 38 of 2008
=====================================================
JITENDRA
AMBALAL BHAVSAR - Petitioner(s)
Versus
RASHMIBEN
JITENDRAKUMAR BHAVSAR D/O VASUDEV PUNAMCHAND - Respondent(s)
=====================================================
Appearance :
MR
KL DAVE for Petitioner(s) : 1,
MR HARSHADRAY A DAVE for
Respondent(s) :
1,
=====================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 19/09/2008
ORAL
ORDER
This
application has been filed by the applicant-original appellant with
the prayer to condone the delay of 5 days occasioned in filing the
Second Appeal.
The
application is opposed by Mr.Harshadray A.Dave, learned counsel for
the respondent.
However,
a perusal of the averments made in paragraph Nos.1 to 4 of the
application reveal that the negligible delay of 5 days has been
occasioned due to the family circumstances and ill health of the
applicant. The circumstances causing the delay have been sufficiently
explained in the application and this Court does not find that the
applicant has been negligent in pursuing the legal remedy. Since
sufficient cause has been shown, the prayer made in the application
deserves to be allowed.
The
application is, therefore, allowed. The delay of 5 days occasioned in
preferring the Second Appeal is condoned. Rule is made absolute.
There shall be no orders as to costs.
(Smt.Abhilasha
Kumari,J)
arg
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