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CA/3176/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3176 of 2010
In
FIRST
APPEAL (STAMP) No. 4913 of 2009
=========================================
NEW
INDIA ASSURANCE CO.LTD. - Petitioner(s)
Versus
KANJI@KANUBHAI
JIVABHAI RATHOD SINCE DECEASED & 2 - Respondent(s)
=========================================
Appearance :
MS
LILU K BHAYA for
Petitioner(s) : 1,
UNSERVED-EXPIRED (R) for Respondent(s) : 1,
MR
HITESH S PADHYA for Respondent(s) : 2,
RULE SERVED for
Respondent(s) : 3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 12/07/2010
ORAL
ORDER
Heard learned
Advocate for the applicant appellant company.
2. The present
application is filed seeking condonation of delay of 22 days.
3. Rule was
issued by this Court on 01.04.2010 returnable on 10.04.2010. The
returnable date was then extended to 26.04.2010.
4. Today when
the matter is called out, learned Advocate Mr.Hitesh S.Padhya appears
for respondent No.2.
5. It is
reported that Rule has remained unserved qua respondent No.1, who has
expired. The expired respondent No.1 was the father of the deceased
in accident. There is no other heir or legal representative of
respondent No.1, except the surviving wife, who is already on record.
She is mother of the deceased in accident. In view of that, the
application is taken up for consideration.
6. Heard
learned Advocate for the applicant.
7. The
application is allowed. Delay is condoned. Rule is made absolute.
No costs.
Registry is
directed to list main First Appeal for admission hearing on
19.07.2010.
(Ravi
R.Tripathi, J.)
*Shitole
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