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CA/4725/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4725 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 4650 of 2009
With
CIVIL
APPLICATION No. 4726 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 4651 of 2009
=====================================
EXECUTIVE
ENGINEER (ROAD AND BUILDING DIVISION-PANCHAYAT) & 1 -
Petitioner(s)
Versus
MANHARBHAI
MANGALBHAI PATEL & 5 - Respondent(s)
=====================================
Appearance
:
MR HS MUNSHAW for Petitioner(s)
: 1 - 2.
None for Respondent(s) : 1 -
6.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 19/07/2010
ORAL
ORDER
1.0 The
present application is filed seeking condonation of delay. On the
last hearing i.e. on 13th July 2010, the learned advocate
for the applicants, in reply to an inquiry as to whether the amount
awarded is deposited or not, sought time to inquire and deposit, if
not deposited.
2.0 Present
application is filed seeking condonation of delay of 82 days caused
in filing the First Appeal against judgment and award dated 17th
February 2009. It is the case set out in Para 2 that the appellant
District Panchayat learnt about the judgment and award dated 17th
February 2009 only when a Notice issued in Darkhast came to be served
to the District Panchayat on 30th June 2009. Except bare
words, there is nothing on record in support of this.
3.0 It
is a matter of appreciation that after the Notice in Darkhast was
served to the District Panchayat on 30th June 2009, the
District Panchayat made an application for Certified Copy only after
a month i.e. on 28th July 2009. But then the said
Certified Copy was made ready and made available to the District
Panchayat on the next day i.e. on 29th July 2009. If the
Court can act so fast, it is expected that the District Panchayat,
when it wants to challenge the judgment and award, must act in a
similar fashion.
3.1 If,
it is the case of the applicant that the learned advocate did not
inform him, either an affidavit of learned advocate or the action
taken against the learned advocate, are required to be placed on
record.
3.2 At
this juncture, the learned advocate for the applicants wants some
time to take instructions in the matter.
4.0 S.
O. to 29th July 2010.
[
Ravi R. Tripathi, J. ]
hiren
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