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CA/5848/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DELAY No. 5848 of 2010
In
CIVIL
APPLICATION No. 5847 of 2010
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 ?
=========================================================
HAWABIBI
WD/O AHMED ADAM MULLA & 3 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
KK TRIVEDI for
Petitioner(s) : 1, 1.2.1, 1.2.2,1.2.3 - 4.
GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2, 4,
MR DHAVAL G
NANAVATI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/06/2010
ORAL
JUDGMENT
RULE.
Mr.Niraj Soni, learned Assistant
Government Pleader waives the service of notice of Rule on
behalf of the respondent Nos.1 and 2 and Mr.Dhaval Nanavati, learned
advocate waives the service of notice of Rule on
behalf of the respondent No.3.
With
the consent of the learned advocates appearing on behalf of the
respective parties present application is taken up for final herein
today.
Present
application under sec.5 of the Limitation Act has been preferred by
the applicants herein heirs and representatives of the original
petitioner
No.1 of Special
Civil Application No. 30288 of 2007, to condone the
delay of 368 days caused in preferring the application for bringing
the heirs of the original petitioner
No.1 on record.
Having
heard the learned advocates appearing on behalf of the respective
parties and considering the fact that other co-owners of the
property in question are already on record, delay caused in
preferring the application for bringing the heirs of the original
petitioner
No.1 on record, is hereby condoned. 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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