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MCA/273920/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2739 of 2008
=========================================================
BABUBHAI
MANIBHAI DESAI SINCE DECD. THROUGH HEIR - Applicant(s)
Versus
SPECIAL
LAND ACQUSITION OFFICER - Opponent(s)
=========================================================
Appearance
:
MR
BHUSHAN B OZA for
Applicant(s) : 1,
MR
NB SONI, AGP for
Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 23/10/2008
ORAL
ORDER
Heard
learned advocate Mr. B.B. Oza appearing on behalf of applicant made a
mention to this Court that present application is not notified where
prayer of restoration is made by applicant.
Therefore,
on being request made by him, the papers are called for from the
registry and application is taken up for hearing today.
Learned
AGP Mr. Soni is appearing on behalf of opponent ? State Authority.
After
considering the submissions made by both the learned advocates
appearing on behalf of respective parties and considering the prayer
made in this application, the fact is that matter was dismissed in
default in past.
Learned
advocate Mr. Oza submitted that probably, on 10th October
1990, this matter has been restored by order of this Court, but,
unfortunately, the data is not available in computer. Therefore, he
filed the present application with a prayer to restore the First
Appeal.
Therefore,
in light of this background, the order passed by this Court
dismissing the First Appeal in default is hereby condoned and First
Appeal No.165 of 1986 is restored to its original file.
Accordingly,
present application is disposed of to that extent.
[H.K.
RATHOD, J.]
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