Gujarat High Court Case Information System Print CA/5901/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR CONDONATION OF DELAY No. 5901 of 2008 In LETTERS PATENT APPEAL (STAMP NUMBER) No. 639 of 2008 In SPECIAL CIVIL APPLICATION No. 17189 of 2007 ========================================================= DEPUTY EXECUTIVE ENGINEER - Applicant Versus DHIRUBHAI GELABHAI CHAVDA - Opponent ========================================================= Appearance : MS REETA CHANDARANA, AGP, for Applicant. MR DR BHATT for Opponent. ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE and HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 22/08/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
This
is an application for condonation of delay of 110 days caused in
filing the Letters Patent Appeal.
2. Learned
advocate Mr.D.R.Bhatt appearing for the opponent has relied on the
decision of the Apex Court rendered in the case of P.K.Ramachandran
v. State of Kerala & Anr. AIR 1998 SC 2276.
3. Having
gone through the judgment, we are of the view that in light of the
supporting affidavit filed by the applicant side, it cannot be said
that the cause of delay is not reasonably explained. The judgment,
therefore, cannot be of any help to the opponent. The delay caused in
filing the appeal, therefore, deserves to be condoned. Accordingly,
this application is allowed. Delay is condoned. Rule is made
absolute. No costs.
[A.L.Dave,J.]
[Smt.Abhilasha
Kumari,J.]
(patel)
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