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CA/172520/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1725 of 2009
In
FIRST
APPEAL (STAMP NUMBER) No. 2594 of 2008
=========================================================
BHUPATBHAI
GEMABHAI BARIYA - Petitioner(s)
Versus
RAJESHKUMAR
RAMESHCHANDRA PARIKH & 3 - Respondent(s)
=========================================================
Appearance
:
MR
MTM HAKIM for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) :
1,
UNSERVED-EXPIRED (R) for Respondent(s) : 2,
RULE NOT RECD
BACK for Respondent(s) : 3,
MRS FALGUNI D PATEL for Respondent(s)
: 4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 18/03/2009
ORAL
ORDER
Heard
learned Advocate Mr. Hakim for applicant. Respondent no.1 is served.
Respondent NO.2 is unserved as expired. Rule not received back qua
respondent no.3. For respondent No.4, learned Advocate Mrs. Falguni
Patel is appearing.
Considering
averments made in this application supported by affidavit and also
considering submissions made by both learned advocates, delay of 38
days in filing of an appeal is condoned in interest of justice since
sufficient cause is shown by applicant to satisfaction of this
court. Since th is order has been passed by this court in absence of
respondents no.2 and 3, it is open for said respondents to file
appropriate application before this court, if they are having any
grievance against this order. Rule is made absolute accordingly.
This application stands disposed of accordingly.
(H.K.
Rathod,J.)
Vyas
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