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CA/5699/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 5699 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 6014 of 2009
To
CIVIL
APPLICATION No. 5706 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 6021 of 2009
=========================================================
SPECIAL
LAND ACQUISITION OFFICE & 2 - Petitioner(s)
Versus
HASAN
VALI UMAR - Respondent(s)
=========================================================
Appearance
:
MS
MANISHA NARSINGHANI, AGP for Petitioner(s) : 1 - 3.
DS AFF.NOT
FILED (R) for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 19/07/2010
ORAL
ORDER
It
is submitted by learned Ms.Manisha Narsinghani, AGP, for the
applicants that the Direct service affidavit is already placed on
record.
The
Civil Applications have been filed by the present applicants for
condoning the delay of 183 days caused in preferring First
Appeals.
I
have heard learned counsel for the applicants and also gone
through the reasons mentioned in the Civil Applications on oath
regarding condonation of delay. Reasons as to why appeals could
not be filed in time are stated in paras 2 and 3 of the
applications.
In
view of the fact that the reasons stated in
the applications have not been controverted
by the otherside by filing an affidavit and also in view of the
principles governing the discretionary exercise
of power under Sec.5 of the Limitation Act, 1963, I am of the view
that sufficient cause has been stated for not filing the appeals in
time and hence, delay caused in filing appeals is to be condoned
and civil applications are required to be allowed.
For
the aforesaid reasons, applications are allowed. Delay of
183 days caused in filing First Appeals is condoned. Rule is made
absolute.
Office
is directed to show the name of Mr.M.M.Saiyed as the learned counsel
appearing for the respondents in appeals.
(M.D.SHAH,J.)
radhan
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