CA/2654/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR CONDONATION OF DELAY No. 2654 of 2008 In FIRST APPEAL (STAMP NUMBER) No. 3931 of 2007 ========================================================= MANILAL GOPALDAS PARMAR - Petitioner(s) Versus ASHWIN RAIJIBHAI PARMAR & 2 - Respondent(s) ========================================================= Appearance : MR KIRIT J MACWAN for Petitioner(s) : 1, DELETED for Respondent(s) : 1, RULE SERVED BY DS for Respondent(s) : 2, None for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 25/07/2008 ORAL ORDER
1. Heard
learned advocate Mr. Macwan appearing on behalf of applicant.
Opponent No.1 is deleted and opponent No.2 is served through R.P.A.D.
and for that, necessary affidavit is filed by the applicant before
the registry of this Court. Learned advocate Mr. H.M. Thakkar is
appearing on behalf of respondent No.3.
2. The
present Civil Application is filed with a prayer to condone the delay
of 32 days in filing the First Appeal.
3. Learned
advocate Mr. Macwan submitted that applicant is a claimant who has
filed the appeal for enhancement.
4. I
have considered the averments made in this application and also
considering the fact that claimant is an indigent person and in his
favour, this Court has passed an order on 19th October
2007 in Civil Application No.13503 of 2007 with Misc. Civil
Application (Stamp) No.2480 of 2007 in First Appeal (Stamp) No.3931
of 2007 with other allied matters. This Court has permitted the
applicant to withdraw the amount of investment for the purpose of
payment of court fee and thereafter the applicant shall pay the
requisite court fee.
5. Therefore,
considering the circumstances which has been shown by applicant in
the present application which is considered to be a sufficient cause.
Therefore, delay of 32 days in filing First Appeal is hereby condoned
in the interest of justice.
6. Accordingly,
present Civil Application is allowed.
7. The
applicant is permitted to withdraw the amount from the investment for
the purpose of payment of court fee and thereafter the applicant
shall pay the requisite court fee in the First Appeal.
8. Registry
is directed to circulate the First Appeal after the requisite court
fee is paid by applicant ý appellant in First Appeal.
[H.K.
RATHOD, J.]
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