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CA/8843/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 8843 of 2011
In
CIVIL
REVISION APPLICATION (STAMP NO.) No. 147 of 2011
=========================================
NARANBHAI
KHIMJIBHAI VEGDA & 1 - Petitioner(s)
Versus
THE
MAMLATDAR & 2 - Respondent(s)
=========================================
Appearance :
MR
UTPAL M PANCHAL for
applicants
MR JANAK RAVAL, AGP for Respondent(s) : 1 - 2.
MR NV
GANDHI for Respondent(s) :
3,
=========================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
Date
: 26/09/2011
ORAL
ORDER
By
this application, the applicants seek condonation of delay 314 days
caused in filing Civil Revision Application (Stamp) No.147 of 2011.
Heard
the learned advocates for the respective parties.
From
the averments made in the application, it is apparent that the
applicants herein had challenged the impugned order dated 16.3.2011
passed by the Deputy Collector, Jamnagar before the Collector,
Jamnagar on 6.5.2011. However, the same came to be rejected by a
communication dated 27.5.2011. Thereafter, it appears that the
applicant No.1 not well and on account of other social work, the
applicants could not immediately contact the advocate and therefore,
the aforesaid delay has occasioned in filing the present revision
application.
From
the averments made in the application, it appears that sufficient
cause has been made out by the applicants for not filing the
revision application within the prescribed period of limitation.
Moreover, there is nothing to indicate that the applicants were
deliberately negligent in prosecuting the remedy by way of revision,
nor can it be said that the applicants had given up the cause. In
the circumstances, the delay caused in filing the civil revision
application deserves to be condoned.
For
the foregoing reasons, the application succeeds and is, accordingly,
allowed. The delay of 314 days caused in filing Civil Revision
Application (Stamp) No.147 of 2011 is hereby condoned. Rule is made
absolute accordingly, with no order as to costs.
[HARSHA
DEVANI, J.]
parmar*
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