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CA/4319/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4319 of 2006
=========================================================
LILADHAR
MAVJIBHAI PATEL DECD.THRO' HEIRS LABHUBEN WD/O & 5 -
Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
AJ PATEL for
Petitioner(s) : 1 - 6.
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 10/04/2006
ORAL
ORDER
1 This
application is for bringing heirs on record in Special Civil
Application No.4678 of 1999. When the matter was on board on 7.4.2006
the learned Advocate for the petitioner mentioned pendency of the
Civil Application and hence, the Court granted permission to
circulate the Civil Application for today i.e. 10.4.2006.
2 However,
on going through the records it appears that the matter was placed
before the Court on 27.6.2005 for orders and the Court granted time
to remove office objections upto 22/7/2005. On 29/7/2005 the Court
recorded that as the office objections were not removed within time
granted the matter was dismissed for default.
3 In
these circumstances, the Registry ought not to have circulated Civil
Application (Stamp) No.5105 of 2001 which had already been dismissed
for default. In the event the Court was not aware of the earlier
proceedings, even if the Court had issued direction to circulate
the matter, the Registry ought to have invited attention of the Court
to the aforesaid facts. In the circumstances, unless and until the
learned Advocate moves an application for restoration, the Civil
Application as such cannot be circulated. The Registry is directed to
do the needful in the circumstances.
(D.A.MEHTA,
J)
m.m.bhatt
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