Gujarat High Court Case Information System
Print
SA/8/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 8 of 2009
With
CIVIL
APPLICATION No. 422 of 2009
In
SECOND APPEAL No. 8 of 2009
======================================
RAMIBEN
LALUBHAI RATHOD & 3 - Appellants
Versus
EDUL
HIRAJI KANGA & 1 - Defendants
======================================
Appearance :
MR
RE VARIAVA for the Appellants.
MR JB PARDIWALA for the
Defendants.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/03/2010
ORAL
ORDER
1. This
Second Appeal is adjourned for at least 18 times and is not heard
once for admission-hearing. Earlier, it came up for hearing on
22/12/2009 and this Court passed the following order:
In
view of sick note of Mr.R.E.Variava, Ld.Advocate for the appellant
and as a last chance, stand over to 29/12/2009. To be placed in
First Board.
2. Thereafter,
on 29/12/2009, despite the aforesaid order, learned advocate
appearing on behalf of the appellants was absent due to sick note and
this Court adjourned the matter to 30/12/2009 and passed the
following order on 29/12/2009 :
Inspite
of the order passed by this Court dated 22/12/2009, by which Second
Appeal was adjourned as a last chance to today, it is reported that
Mr.Variava, learned advocate appearing on behalf of the appellants is
on sick note today. This Second Appeal is adjourned at least for 14
times. However, in the interest of justice as a last chance, S.O.
to 30/12/2009. On that day, irrespective of the sick note, leave
note and/or non-availability of the learned advocates appearing on
behalf of the respective parties, the matter shall be proceeded
further ex-parte.
3. Despite
the aforesaid order, learned advocate appearing on behalf of the
appellants was absent due to sick note on 30/12/2009 and it was
reported that he was met with an accident, this Court adjourned the
matter to 20/01/2010 with following order:
It
is reported that Mr.Variava, learned advocate appearing on behalf of
the appellants has met with an accident. He is not in a position to
appear in the Court. Under the circumstance, S.O. to 20/01/2010. If
for any reasons Mr.Variava, learned advocate appearing on behalf of
the appellants is not in a position to appear in the Court,
alternative arrangement may be made by the appellants.
4. That
thereafter, again matter was placed for admission-hearing on
20/01/2010 and it was adjourned to 22/02/2010 and, thereafter, it was
adjourned to today. Today also, it is reported that learned advocate
appearing on behalf of the appellants is absent due to sick note.
Despite the aforesaid orders, no alternative arrangement has been
made by the appellants. Learned advocate appearing on behalf of the
appellants is neither remaining present nor making any alternative
arrangement and this Court is required to adjourn the matter time and
again.
5. In
view of the above, the present Second Appeal dismissed for
non-prosecution.
6. In
view of dismissal of the Second Appeal, no order in Civil Application
and Civil Application is also accordingly dismissed.
[M.R.SHAH,J]
*dipti
Top