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CA/10079/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 10079 of 2008
In
SECOND
APPEAL (STAMP NUMBER) No. 207 of 2008
=========================================================
DEVSHIBHAI
LAKHABHAI HARIJAN - Petitioner(s)
Versus
LAXMANBHAI
NARANBHAI HARIJAN & 1 - Respondent(s)
=========================================================
Appearance :
MR
BALKRISHNA ACHARYA for Petitioner(s) : 1,
MR
NEHAL DAVE for Respondent(s) : 1
- 2.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 25/09/2008
ORAL
ORDER
Mr.Nehal
Dave, learned advocate, submits that he has instructions to appear on
behalf of the respondents Nos.1 and 2.
This
application has been filed by the applicant-original appellant with a
prayer to condone the delay of 32 days which has occasioned in
preferring the Second Appeal.
I
have heard Mr.Balkrishna Acharya, learned counsel for the applicant
and have perused the averments made in the application. The applicant
has succeeded in showing sufficient cause for the delay caused in
filing the Second Appeal, which has been explained in paragraphs 2
and 3 of the application. It does not transpire from a reading of the
averments made in the application that the applicant has been
negligent regarding the pursuit of his legal remedy or has abandoned
the lis at any point of time. Accordingly, the prayer made in the
application deserves to be granted. The application is, therefore,
allowed. The delay of 32 days occasioned in filing the Second Appeal
is condoned. Rule is made absolute. No costs.
(Smt.Abhilasha Kumari, J.)
(sunil)
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