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SCA/11006/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11006 of 2010
=========================================================
HARSUKHLAL
NATHALAL GANATRA - Petitioner(s)
Versus
VASUDEV
LAXMICHAND BHAGWANI & 4 - Respondent(s)
=========================================================
Appearance
:
MS
MAMTA R VYAS for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 5,
5.2.2,5.2.3
MR RR TRIVEDI for Respondent(s) : 1,
MR BHAVESH P
TRIVEDI for Respondent(s) : 1,
None for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/01/2011
ORAL
ORDER
1.0 By
way of present petition, the petitioner has challenged the order
dated 29.05.2010 passed by the learned Presiding Officer, 7th
Fast Track Court, Camp at Jetpur rejecting the Civil Misc.
Application No. 52 of 2010 for condonation of delay.
2.0 I
have heard learned advocates for the parties. Keeping in mind the
document, more particularly medical papers and other certificates
produced on record, I am of the view that the matter ought to have
been decided by the appellate Court on merits. In that view of the
matter, the condonation application is allowed. The appellate Court
is directed to hear the appeal on merits. However, cost quantified at
Rs. 7500/- shall be paid by the petitioner. The amount should be
deposited between 07.02.2011 and 14.02.2011. On depositing the
amount, the appellate Court will proceed the matter on 21.02.2011.
The aforesaid amount shall be paid to the respondents.
3.0 With
the above observation, the petition stands disposed of. Notice is
discharged with no order as to costs. Direct service is permitted.
(K.S.JHAVERI,
J.)
niru*
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