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CA/3831/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3831 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 883 of 2008
To
CIVIL
APPLICATION No. 3835 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 887 of 2008
==========================================
JASUBA
CHANDRASINH NATHBAOA - Petitioner(s)
Versus
SPECIAL
LAND ACQUISITION OFFICER & 2 - Respondent(s)
==========================================
Appearance
:
MR KM SHETH
for Petitioner(s) : 1,
None for Respondent(s) : 1,
3,
MR AMIT P PATEL ASSISTANT GOVERNMENT PLEADER for Respondent(s)
: 2,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 28/03/2008
ORAL
ORDER
1. RULE.
Learned Assistant Government Pleader Mr. Amit P. Patel waives service
of the Rule on behalf of the opponents.
2. Present
Civil Applications have been preferred for condonation of delay of
1260 days in preferring First Appeals against the judgment and award
passed by the trial Court.
3. Having
heard the learned A.G.P. for the applicant and looking to the facts
and circumstances of the case, it appears that because of poverty and
non-availability of the funds to pay court fee for filing First
Appeal, present applicant could not prefer the First Appeal. Looking
to the facts and circumstances of the case, it appears that the
amount awarded by the trial Court has been deposited before the trial
Court and same has been allowed to be withdrawn by the applicant and
only because of withdrawal of amount by the applicant, he is able to
prefer the First Appeal and he is also able to pay court fee. Thus,
the poverty has prevented the present applicant to prefer the First
Appeal.
4. Looking
to the reasons stated in the Civil Application, there are reasonable
reasons for condonation of delay. In view of the aforesaid facts, the
delay caused in filing First Appeal against the judgment and award
passed by the trial Court, is hereby condoned. Even otherwise the
reasons stated in the Civil Applications are not controverted by
respondents. Rule is made absolute with no order as to costs.
5. Registry
is directed to enlist the First Appeals on the board of Admission on
8.4.2008.
(D.N.
PATEL, J.)
ynvyas
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