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CA/4556/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4556 of 2011
In
FIRST
APPEAL (STAMP NUMBER) No. 2600 of 2007
=========================================================
MANHARBHAI
MOHANBHAI PATEL & 1 - Petitioner(s)
Versus
JIGAR
@ JITENDRA NATWARBHAI THAKARDA & 2 - Respondent(s)
=========================================================
Appearance :
MR
KASHYAP R JOSHI for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 16/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
present application is for reconstruction of the record of the First
Appeal (Stamp) No. 2600 of 2007. This Court initially on 23.9.2011
had passed the following order :
“Office to report to
this Court about the availability of First Appeal (Stamp) No.2600 of
2007 within two weeks. It is observed that if the papers are not
traceable, the attempt shall be made to trace the papers and if
found, the same shall also be produced. S.O. to 11.10.2011.”
2. The
report thereafter has been submitted and the additional aspect
appears to be that there is no proof for payment of requisite Court
fee. Even as per the status report, only Rs.12/- was paid as Court
fee and Rs.5/- was paid on Vakalatpatra. Mr. Joshi, learned Counsel
appearing for the applicants states that the applicants shall pay
necessary Court fee, if the reconstruction of the file is permitted.
3. Hence,
considering the facts and circumstances, reconstruction of First
Appeal (Stamp) No. 2600 of 2007 is permitted on condition that the
applicants shall pay requisite Court fee of the First Appeal. The
application stands disposed of accordingly.
Sd/-
(Jayant
Patel, J.)
Sd/-
(R.M.
Chhaya, J.)
M.M.BHATT
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