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MCA/3188/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 3188 of 2009
In
FIRST APPEAL (STAMP NUMBER) No. 3562 of 2008
To
MISC.CIVIL
APPLICATION No. 3231 of 2009
In
FIRST APPEAL (STAMP NUMBER) No. 3605 of 2008
=========================================================
DINESHBHAI
ASHARAMBHAI - Applicant(s)
Versus
SPECIAL
LAND ACQUISITION OFFICER & 1 - Opponent(s)
=========================================================
Appearance
:
MS
AMRITA AJMERA for
Applicant(s) : 1,
None for Opponent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 19/02/2010
ORAL
ORDER
Heard
learned advocate Ms. Amrita Ajmera on behalf of applicants, learned
AGP Mr. AL Sharma appearing for both respondents.
Rule.
Learned AGP Mr. Sharma waives service of notice of Rule in each
application on behalf of respondent. With consent of both learned
advocates, matters are taken up for final hearing today.
The
present applications are preferred by applicants with a prayer to
condone delay in filing present Misc. civil application and also to
recall order passed by this Court on 23/3/2009, where matters have
been dismissed in default as office objection not removed in time.
Considering
submission made by both learned advocates and averment made in this
applications supported with affidavit, delay in filing present
applications is condoned in interest of justice as sufficient cause
is shown by applicants to the satisfaction of this Court. The order
passed by this Court on 23/3/2009 is recalled and FA(ST) no.
3562/2008 to 3605/2008 are restored to original file. However, still
office objection is required to be removed, let it be removed on or
before 12/3/2010, failing which again matter will dismiss in default
without reference to Court.
Accordingly,
Rule is made absolute in each application.
(H.K.RATHOD,
J)
asma
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