Gujarat High Court
Padmakant vs Amarnath on 3 March, 2011
Gujarat High Court Case Information System
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CA/7389/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 7389 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 5048 of 2009
=========================================================
PADMAKANT
RASIKLAL SHAH DECD. THRO'KAILASHBEN PADMAKANT SHAH & 3 -
Petitioner(s)
Versus
AMARNATH
RAJDEVRAI BRAHMIN DELETE AS PER ORD.DT.30/08/10 & 5 -
Respondent(s)
=========================================================
Appearance
:
MR
VIRAL SHAH FOR MR SATYAM Y CHHAYA
for
Petitioner(s) : 1 - 2.
DELETED for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2 - 3.
RULE SERVED BY DS for
Respondent(s) : 3,
MR LALJI R MOKARIA for Respondent(s) : 4 -
5.
DS AFF.NOT FILED (R) for Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 10/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
This
is an application for condonation of delay of 85 days caused in
filing the First Appeal.
Heard
Mr.Viral Shah on behalf of Mr.Chhaya for the applicants and
Mr.Kokaria for opponent Nos.4 and 5. The opponent Nos.2 and 3 are
served, but have chosen not to contest.
Considering
the contents of the application, it cannot be said that the delay
caused in filing the appeal has remained totally unexplained.
Therefore, we are of the view that the delay caused in filing the
appeal deserves to be condoned. Accordingly, the application is
allowed. Delay is condoned. Rule is made absolute.
(A.L.Dave,J)
(V.M.Sahai,J)
pathan
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