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CA/1772/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1772 of 2011
In
FIRST
APPEAL (STAMP NUMBER) No. 267 of 2011
To
CIVIL
APPLICATION No. 1776 of 2011
In
FIRST
APPEAL (STAMP NUMBER) No. 271 of 2011
=========================================
PATEL
POPATBHAI KESHAVLAL
Versus
SPECIAL
LAND ACQUISITION OFFICER & ANR
=========================================
Appearance :
MR
VIBHUTI NANAVATI with MR
DEVENDRA A PATEL for Applicants
RULE SERVED for Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/04/2011
ORAL
COMMON ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1 All
the applications are for condonation of delay of 594 days in
preferring the respective appeals against the judgment and award
dated 18.3.2009, passed by the Reference Court, which is impugned in
the concerned First Appeals.
2 The
respondents are served, but nobody appears on behalf of the
respondents. Considering the facts and circumstances and in view of
the grounds stated in the application for condonation of delay, even
if a lenient view is taken on the aspect of delay, the respondents
are required to be compensated by suitable cost on the aspect of
delay. Considering the facts and circumstances, the appropriate cost
would be Rs. 2,500/-.
3 Hence,
the delay is condoned on condition that the applicant pays the
cost of Rs. 2,500/- to the respondents in each matter in one set. As
the amount of cost is already deposited, it would be open to the
concerned respondents or their authorized Advocates to withdraw the
amount of cost.
4 The
applications are allowed accordingly. Rule in each application is
made absolute.
(JAYANT
PATEL, J.)
(H.B.ANTANI,
J.)
pnnair
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