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CA/480720/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4807 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 3683 of 2007
=========================================================
AHMEDABAD
MUNICIPAL CORPORATION - Petitioner(s)
Versus
HOCHAND
PARMANAND MOTI RAMANI - Respondent(s)
=========================================================
Appearance
:
MS
JIRGA D JHAVERI for
Petitioner(s) : 1,
MR
YH MOTIRAMANI for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 15/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
This
Civil Application has been filed by the present
applicant-original respondent for condoning the delay of 62 days
caused in preferring First Appeal.
We
have heard learned counsel for the applicant, Ms.J.D.Jhaveri and
learned counsel for the opponent, Mr.Yogesh Motiramani.
Rule.
Mr.Yogesh Motiramani, learned counsel for the opponent waives
service of rule.
We
have also taken into consideration the affidavit filed by the
applicant along with the additional affidavit as well as reply
affidavit filed by the opponent. We have also gone through the
reasons mentioned in the Civil Application on oath regarding
condonation of delay. Reasons as to why appeal could not be filed
in time are stated in para 2 of the application.
In
view of the fact that sufficient satisfactory reasons have been
stated in this application for not filing the appeal in time and
also in view of the principles governing the discretionary exercise
of power under Sec.5 of the Limitation Act, 1963, delay of 62 days
caused in filing appeal is to be condoned and civil application is
required to be allowed.
For
the aforesaid reasons, application is allowed. Delay of 62
days caused in filing First Appeal is condoned. Rule is made
absolute.
(R.P.DHOLAKIA,J)
(Z.K.SAIYED,J.)
radhan/
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