CA/767320/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR CONDONATION OF DELAY No. 7673 of 2008 In SECOND APPEAL (STAMP NUMBER) No. 42 of 2008 ========================================================= EXECUTIVE ENGINEER & 1 - Petitioner(s) Versus DOLATSINH LAXMANSINH SOLANKI & 2 - Respondent(s) ========================================================= Appearance : MR MEHUL H RATHOD for Petitioner(s) : 1 - 2. MR MA KHARADI for Respondent(s) : 1, RULE UNSERVED for Respondent(s) : 2, RULE SERVED for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.A.PUJ Date : 23/10/2008 ORAL ORDER
The applicants
original defendants Nos.3 and 4 have filed this application under
Section 5 of the Limitation Act for condonation of delay of 284 days
in filing Second Appeal (Stamp) No.42 of 2008).
Rule was issued by this
Court on 11.7.2008. Rule was duly served on the respondents Nos.1
and 3. Office endorsement however shows that the respondent No.2,
State of Gujarat is not served. Ms.Asmita Patel, learned Assistant
Government Pleader, appearing for the State Government waives
service of rule for respondent No.2.
Having heard Ms.Amita
Shah, learned advocate appearing for Mr.Mehul H. Rathod, for the
applicant and Ms.Asmita Patel, learned Assistant Government Pleader,
for the State Government and having gone through the application,
the Court is satisfied that the delay has been properly explained.
Hence, the delay of 284 days is condoned in the interest of justice.
This Civil Application is accordingly allowed. Rule is made
absolute without any order as to costs.
Office is directed to
give pukka number to Second Appeal (Stamp) No.42 of 2008) and place
it for admission hearing on 12.11.2008.
(K.
A. PUJ, J.)
kks