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CA/14914/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 14914 of 2010
In
MISC.CIVIL APPLICATION No. 3219 of 2010
In
MISC.CIVIL APPLICATION No. 170 of
1995
======================================
LILABEN
PATEL WD/O KARSANBHAI DWARKADAS PATEL - Petitioner
Versus
MAMLATDAR
& 2 - Respondents
======================================
Appearance :
MR
JM BAROT for the Petitioner.
MS JIRGHA JHAVERI, AGP for the
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/03/2011
ORAL
ORDER
1. Rule.
Ms.Jirgha Jhaveri, learned Assistant Government Pleader waives
service of notice of Rule on behalf of the respondents.
2. With
the consent of the learned advocates appearing on behalf of the
respective parties and in the facts and circumstances of the case,
the present application is taken up for final hearing today.
3. The
present application has been preferred by the applicants herein –
legal heirs of original petitioners to condone the delay of 5 days in
preferring Misc.Civil Application No.3219/2010, which has been filed
to recall the order dated 06/08/2009 passed in Misc. Civil
Application No.170/1995 in Special Civil Application No.8065/1994.
4. Having
heard learned advocates appearing on behalf of the respective parties
and considering the averments in the application in support of their
prayer to condone the delay of 5 days and so as to give an additional
opportunity to the applicants to submit their case on merits rather
than non-suiting the same on technical ground of delay, delay caused
in preferring Misc.Civil Application No.3219/2010 is hereby condoned.
Rule is made absolute accordingly. No costs.
[M.R.SHAH,J]
*dipti
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