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MCA/3275/2009 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 3275 of 2009
In
SECOND
APPEAL No. 217 of 1983
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 ?
=========================================================
GULAM
MAHOMAD KALU - Applicant(s)
Versus
STATE
GOVT. OF GUJARAT - Opponent(s)
=========================================================
Appearance
:
MR
MD RANA for
Applicant(s) : 1,
MR NIRAJ SONI ASST.GOVERNMENT PLEADER for
Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/03/2010
ORAL
JUDGMENT
RULE.
Mr.Niraj Soni, learned Assistant
Government Pleader waives the service of notice of rule on
behalf of the opponent State.
With
the consent of the learned advocates appearing on behalf of the
respective parties, present application is taken up for final
hearing today.
Present
application has been preferred by the applicant original
appellant to condone the delay in preferring the application for
restoration of the main Second Appeal No.217 of 1983 which came to
be dismissed for non-prosecution.
Having
heard the learned advocates appearing on behalf of the respective
parties and considering the averments in the application and
considering the fact that the cognate Second Appeal No.216 of 1983
is already pending and is on Board for final hearing, present
application is allowed. Second Appeal 217 of 1983 is restored to
file. Registry is directed to notify Second Appeal No.217 of 1983
along with Second Appeal No.216 of 1983 for final hearing on
31/3/2010. Rule is made absolute accordingly. In
the facts and circumstances of the case, there shall be no order as
to costs.
[M.R.
SHAH, J.]
rafik
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