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MCA/435/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 435 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 1906 of 2009
=========================================================
SHARDABEN
WD/O AMARSINH MULIBHAI GOHIL & 5 - Applicant(s)
Versus
BHAGWANBHAI
DATTUBHAI PAVAR & 4 - Opponent(s)
=========================================================
Appearance
:
MR
MTM HAKIM for
Applicant(s) : 1 - 6.
None for Opponent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 23/02/2010
ORAL
ORDER
1. Heard
learned advocate Mr.MTM Hakim for the applicants.
2. Present
application is filed with a prayer to recall the order dated
6.10.2009 whereby First Appeal (St.) No.1906 of 2009 was dismissed in
default as office objection is not removed in time. The further
prayer is to condone the delay of 64 days caused in filing the
present application.
3. I
have considered the submissions made by learned advocate Mr.Hakim and
also the averments made in this application, the delay of 64 days
caused in filing the present appeal is condoned as sufficient cause
is shown by applicants to satisfaction of this Court and the order
passed by this Court on 6.10.2009 in First Appeal (St.) No.1906 of
2009 is recalled and First Appeal (St.) No.1906 of 2009 is restored
to original file.
4. However,
the applicant to remove the office objections, if any, on or before
12.3.2009, failing which again the matter shall stand dismissed in
default without reference to the Court.
5. Accordingly,
present application is disposed of.
(H.K.RATHOD,J.)
(vipul)
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