Gujarat High Court High Court

Special vs Hasan on 19 July, 2010

Gujarat High Court
Special vs Hasan on 19 July, 2010
Author: Md Shah,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	


 


	 

CA/5699/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION No. 5699 of 2010
 

In
FIRST APPEAL (STAMP NUMBER) No. 6014 of 2009
 

To


 

CIVIL
APPLICATION No. 5706 of 2010
 

In
FIRST APPEAL (STAMP NUMBER) No. 6021 of 2009
 

 
 
=========================================================

 

SPECIAL
LAND ACQUISITION OFFICE & 2 - Petitioner(s)
 

Versus
 

HASAN
VALI UMAR - Respondent(s)
 

=========================================================
 
Appearance
: 
MS
MANISHA NARSINGHANI, AGP for Petitioner(s) : 1 - 3. 
DS AFF.NOT
FILED (R) for Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE MD SHAH
		
	

 

 
 


 

Date
: 19/07/2010 

 

ORAL
ORDER

It
is submitted by learned Ms.Manisha Narsinghani, AGP, for the
applicants that the Direct service affidavit is already placed on
record.

The
Civil Applications have been filed by the present applicants for
condoning the delay of 183 days caused in preferring First
Appeals.

I
have heard learned counsel for the applicants and also gone
through the reasons mentioned in the Civil Applications on oath
regarding condonation of delay. Reasons as to why appeals could
not be filed in time are stated in paras 2 and 3 of the
applications.

In
view of the fact that the reasons stated in
the applications have not been controverted
by the otherside by filing an affidavit and also in view of the
principles governing the discretionary exercise
of power under Sec.5 of the Limitation Act, 1963, I am of the view
that sufficient cause has been stated for not filing the appeals in
time and hence, delay caused in filing appeals is to be condoned
and civil applications are required to be allowed.

For
the aforesaid reasons, applications are allowed. Delay of
183 days caused in filing First Appeals is condoned. Rule is made
absolute.

Office
is directed to show the name of Mr.M.M.Saiyed as the learned counsel
appearing for the respondents in appeals.

(M.D.SHAH,J.)

radhan

   

Top