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SCA/8302/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8302 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ? NO
2
To be
referred to the Reporter or not ? NO
3
Whether
their Lordships wish to see the fair copy of the judgment ? NO
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 ? NO
5
Whether
it is to be circulated to the civil judge ? NO
=========================================================
JESANGBHAI
SOMABHAI SOLANKI - Petitioner(s)
Versus
MANJULABEN
WD/O NATUBHAI SOMABHAI SOLANKI - Respondent(s)
=========================================================
Appearance
:
MR
BG PATEL for
Petitioner.
MR MA PAREKH for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 04/08/2008
ORAL
JUDGMENT
1.
Rule. Mr.M.A.Parekh, learned advocate waives service of notice of
Rule on behalf of respondent. With the consent of learned advocates
appearing for the respective parties, the petition is taken up for
final hearing today.
2.
By way of this petition under Article 227 of the Constitution of
India, petitioner-original applicant-original defendant has prayed
for an appropriate order to quash and set aside the order passed by
the learned Additional District Judge & Presiding Officer, 6th
Fast Track Court, Anand in Civil Misc.(Delay) Application No.65 of
2008 in rejecting the same and not condoning the delay of two years
and six months in preferring the appeal against the order passed
below Exh.5.
3.
In the facts and circumstances of the case, learned advocates
appearing on behalf of the respective parties do not press for
reasoned order in support of the prayer to condone the delay in
preferring the appeal against the order Exh.5 and therefore this
Court is not assigning any further reasons in support of prayer to
condone the delay and quash and set aside the impugned order.
4.
For the reasons stated above, the petition succeeds. The impugned
order passed by the learned Additional District Judge &
Presiding Officer, 6th Fast Track Court, Anand dated
5.6.2008 passed in Civil Misc.(Delay) Application No.65 of 2008 in
not condoning the delay in preferring the appeal against the order
passed below Exh.5 is hereby quashed and set aside and the delay in
preferring the appeal is condoned. Rule is made absolute
accordingly. Ad-interim relief granted earlier shall stand vacated.
(
M.R. SHAH, J. )
syed/
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