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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL APPLICATION No 939 of 2003
in
LETTERS PATENT APPEALNo 272 of 2000
in
Civil Revision Application No. 1552 of 1999
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HUSAINBHAI HASAMBHAAI PILUDIA
Versus
JAYWANTSINH RANJITSINH JADEJA
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Appearance:
1. Misc.Civil Application No. 939 of 2003
MR MUKESH A PATEL for applicants No. 1-2
MR DEEPAK M SHAH for Respondent No. 1
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CORAM : MR.JUSTICE J.M.PANCHAL
and
MR.JUSTICE A.M.KAPADIA
Date of Order: 03/05/2003
ORAL ORDER
(Per : MR.JUSTICE J.M.PANCHAL)
1.By filing instant application, the applicants
have prayed to recall order dated October 17, 2002 passed
by the Court in Letters Patent Appeal No.272 of 2000 by
which the appeal came to be dismissed for want of
prosecution and restore the appeal on file.
2.We have heard the learned advocates of the
parties and considered the contents of the affidavit in
reply also.
3.Having gone through the averments made in the
application and contentions raised at the bar, we are
satisfied that sufficient cause is made out for
restoration of LPA No.272 of 2000 on file.
4.Hence, the application succeeds. Order dated
October 17, 2002 passed in LPA No.272 of 2000 dismissing
the appeal for want of prosecution is hereby recalled.
LPA No.272 of 2000 is restored on file. Rule is made
absolute. There shall be no orders as to cost.
(J.M. Panchal, J.)
(A.M. Kapadia, J.)
—
(karan)