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CA/4672/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4672 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 5913 of 2009
To
CIVIL
APPLICATION No. 4679 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 5920 of
2009
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
ASHWINBHAI
AMBALAL PATEL - Respondent(s)
=========================================================
Appearance
:
MR
UMESH TRIVEDI ADDL. GP for Petitioner(s) : 1 - 2.
MR TRILOK J
PATEL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 17/06/2010
ORAL ORDER
Heard
Mr. Trivedi, learned Addl. G.P. for the applicants and Mr. Jayraj
Chauhan, learned advocate, for Mr. Trilok Patel, learned advocate for
the opponent.
Rule.
Mr. Jayraj Chauhan, learned advocate waives service of rule for the
opponent.
These
applications under Section 5 of the Limitation Act are preferred
seeking condonation of delay of 147 days caused in filing the above
first appeals.
Having
regard to the averments made in the applications and considering the
submissions made on behalf of the contesting parties, it emerges that
the applicant was not negligent in filing the appeals. The applicant
has made out sufficient cause and has tendered satisfactory
explanation for condonation of delay. The applicants’ assertions or
averments in the application are not disputed or denied and have
remained uncontroverted in reply or affidavit and the application is
not opposed. Hence, the delay of 147 days caused in filing the above
appeals is condoned. The applications are allowed in terms of para
5(a).
Rule
is made absolute to the aforesaid extent in each of the application.
[K.M.Thaker,
J.]
kdc
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