Gujarat High Court Case Information System Print CA/11276/2009 2/ 2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR DELAY No. 11276 of 2009 In CIVIL REVISION APPLICATION (STAMP NO.) No. 154 of 2009 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= M/S KANUBHAI HIRALAL SHAH - Petitioner(s) Versus KIRITBHAI JASHBHAI PATEL - Respondent(s) ========================================================= Appearance : MR HM PARIKH for Petitioner(s) : 1,MR RASESH H PARIKH for Petitioner(s) : 1, MR SACHIN D VASAVADA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 04/05/2010 ORAL JUDGMENT
RULE.
Mr.Sachin Vasavada, learned advocate waives the service of notice of
rule on behalf of the respondent.
With
the consent of the learned advocates appearing on behalf of the
respective parties, present application is taken up for final
hearing today.
Present
application under sec.5 of the Limitation Act has been preferred by
the applicant – original petitioner
to condone the delay of 43 days caused in preferring the
Civil Revision Application challenging the judgement and order
dtd.12/2/2009 passed by the learned 2nd Additional
District Judge, Kheda at Nadiad in Civil Revision Application No. 6
of 2004.
Having
heard the learned advocates appearing on behalf of the respective
parties and considering the fact that arising out of the very
judgement and order even the respondent has preferred Civil Revision
Application No.136 of 2009, which is pending before this Hon’ble
Court, present application is allowed and the delay caused in
preferring the Civil Revision Application is hereby condoned. Rule
is made absolute to the aforesaid extent. In
the facts and circumstances of the case, there shall be no order as
to costs.
[M.R.
SHAH, J.]
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