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CA/4050/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4050 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 1078 of 2009
With
CIVIL
APPLICATION No. 4052 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 1080 of 2009
To
CIVIL
APPLICATION No. 4054 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 1082 of 2009
With
CIVIL
APPLICATION No. 4056 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 1084 of 2009
=========================================================
DEPUTY
COLLECTOR & 2 - Petitioner(s)
Versus
NARSINGBHAI
BHATALABHAI ETC & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KL PANDYA, AGP for Petitioner(s) : 1 - 3.
RULE SERVED for
Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 18/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
All
the applications are for condonation of delay of 581 days in
preferring First Appeals against the judgement and order passed by
the Reference Court in respective References, which are impugned in
the concerned First Appeals.
It
has been stated by the learned AGP Mr.Pandya that against the very
acquisition order passed by the Reference Court for awarding
compensation, the appeals are admitted by this Court.
Under
these circumstances, we find that there is a good case to be
considered on merits. Further, even if the lenient view is taken on
the aspects of condonation of delay, we would have considered the
matter for imposition of cost, but it appears that in spite of the
notice of Rule served upon the concerned claimants, nobody has
appeared.
Hence,
the aforesaid being the peculiar facts and circumstances in the
present case, we find that the delay deserves to be condoned and,
therefore, condoned.
The
applications are disposed of accordingly. Rule made absolute.
(Jayant Patel, J.)
18.8.2010 (Bankim
N. Mehta, J.)
vinod
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