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CA/7056/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 7056 of 2010
In
CIVIL
APPLICATION - FOR ORDERS No. 7057 of 2010
In
SPECIAL
CIVIL APPLICATION No. 277 of 1996
=========================================
KAPURIBEN
PUPSINH BARIA KOLI & 1 - Petitioner(s)
Versus
MAGANBHAI
KANJIBHAI PANADA & 7 - Respondent(s)
=========================================
Appearance :
MR
UM SHASTRI for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4 - 2.
RULE SERVED for
Respondent(s) : 1 - 3,7 - 8.
None for Respondent(s) : 4 -
6.
UNSERVED-REFUSED (R) for Respondent(s) : 5.2.1
MR LR
POJARI, AGP for Respondent(s) : 7,
8
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 10/01/2011
ORAL
ORDER
Though
served, nobody appears on behalf of respondent nos.1 to 6.
2. It
is submitted by Mr.Shastri, learned Advocate for the petitioner that
without filing delay condonation application, straightway petitioner
has submitted application for bringing legal heirs of petitioner no.1
on record and therefore, present application is filed under section 5
of the Limitation Act to condone delay in preferring application for
setting aside abatement.
3. Having
heard learned Advocate for the petitioners and taking into
consideration averments made in the application, present application
is allowed. Delay caused in preferring application for setting aside
abatement is condoned. Rule is made absolute to the aforesaid
extent.
[M.D.Shah,
J.]
satish
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