Gujarat High Court Case Information System
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CA/5846/2009 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 5846 of 2009
In
SECOND
APPEAL (STAMP NUMBER) No. 37 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
======================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
======================================
DISTRICT
COLLECTOR & 1 - Petitioners
Versus
DILAVARKHA
MAHMADBHAI & 3 - Respondents
======================================
Appearance
:
GOVERNMENT
PLEADER for Petitioner(s) : 1 - 2.
RULE SERVED for Respondent(s) :
1,
MRMPSHAH for Respondent(s) : 1,
MS. KRUTI M SHAH for
Respondent(s) : 1,
UNSERVED-EXPIRED (R) for Respondent(s) :
2,
None for Respondent(s) : 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5,
2.2.6, 2.2.7,2.2.8
MR RM CHHAYA for Respondent(s) : 3 -
4.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/05/2010
ORAL
JUDGMENT
1. The
present Civil Application under Section 5 of the Limitation Act has
been preferred by the applicants original defendants to condone
the delay of 98 days in preferring the Second Appeal challenging the
impugned judgement and order dated 31/07/2008 passed by learned
Additional District Judge, Bhavnagar in Regular Civil Appeal No.57 of
2008.
There
is no counter reply filed by any of the respondents. Mr.Lalakiya,
learned advocate for Mr.R.M.Chhaya, learned advocate appearing on
behalf of respondent Nos.3 and 4 has stated at the bar that he has no
objection, if the delay is condoned.
2. With
a view to give an additional opportunity to the applicants to submit
their case on merits rather than dismissing the same on technical
ground of delay of 96 days in preferring the Second Appeal, delay in
preferring the Second Appeal is hereby condoned. Rule is made
absolute accordingly. No costs.
[M.R.SHAH,J]
*dipti
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