MCA/1356/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR RESTORATION No. 1356 of 2008 In FIRST APPEAL (STAMP NUMBER) No. 2033 of 2007 ========================================================= RANJANBEN MAFATLAL SHAH & 3 - Applicant(s) Versus RAJENDRA DADAJI GAGHURADE & 2 - Opponent(s) ========================================================= Appearance : MR DN PANDYA for Applicant(s) : 1 - 4. RULE NOT RECD BACK for Opponent(s) : 1, RULE SERVED for Opponent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 05/09/2008 ORAL ORDER
Rule
remain unserved to respondent no. 1 – Rajendra Dadaji Gaghurade –
Driver, which was issued by this Court on 24/4/2008.
Therefore,
learned advocate Mr. Pandya submitted that for the purpose of this
present Misc Civil application, he may be permitted to delete
respondent no. 1.
Accordingly,
permission is granted, respondent no. 1 is deleted from the era of
present Misc. Civil application. Rest of the respondents are served
as per endorsement made in Cause list by the Registry of this Court.
This
application is filed with a prayer to restore first appeal, which
was dismissed in default and none prosecution for not removing
office objection on or before 23/10/2007. Therefore, considering
the averment made in this application followed by the affidavit of
learned advocate, prayer made in this application is granted and
order passed by this Court in FAST 2033/2007 dated 23/10/2007 is
recalled and restored to the original file.
However,
if any objection is there, to be removed within a period of one
month from the date of receipt of this order, failing which matter
will dismiss in default without reference to the Court.
Accordingly,
Rule is made absolute to that extent.
(H.K.RATHOD,
J)
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