Gujarat High Court Case Information System Print CA/4500/2010 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR CONDONATION OF DELAY No. 4500 of 2010 In FIRST APPEAL (STAMP NUMBER) No. 5978 of 2009 To CIVIL APPLICATION No. 4505 of 2010 In FIRST APPEAL (STAMP NUMBER) No. 5983 of 2009 ========================================================= SPECIAL LAND ACQUISITION OFFICER & 1 - Petitioner(s) Versus LAKHMANBHAI ISHWARBHAI - Respondent(s) ========================================================= Appearance : MR PK JANI GP With MR UA TRIVEDI Addl. GP for Petitioner(s) : 1 - 2. MR. SHETH for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 15/06/2010 ORAL ORDER
1. Mr.
Sheth learned advocate has appeared and submitted that he has
received instruction to appear on behalf of the claimant in all the
applications and appeals. He has also submitted that he will enter
his appearance on behalf of the original claimant on or before 18th
June 2010 and complete the office formalities before 18th
June 2010.
2. Rule.
Mr. Sheth learned advocate waives service of notice of rule on behalf
of the opponent. At the request of Mr. U.A. Trivedi learned
Additional Government Pleader and with the consent of Mr. Sheth
learned advocate for the claimant the application is taken up for
hearing and final disposal today.
3. The
present applications have been taken out seeking condonation of delay
of 356 days in filing the appeal against the award dated 11th
August 2008 in Reference Case Nos. 1129 to 1134 of 2001.
4. Mr.
Sheth learned advocate for the original claimant has submitted that
he has no objection if the delay is condoned.
5. Considering
the submission made by the learned Counsel and the averment made in
the application, the relief prayed for in paragraph 5(a) is granted.
The delay of 356 days in filing the appeal is condoned. The
applications are allowed. Rule is made absolute. No order as to cost.
6. Mr.
Sheth learned advocate for the claimant has submitted that the
dispute raised in the appeal is covered by the judgment of this Court
and he has the entire compilation ready which he will supply to the
learned Additional Government Pleader on or before 16th
June 2010. In view of the fact that the issue raised in the appeals
is covered, Mr. Sheth learned advocate has requested that the appeal
may be listed for hearing on 21st June 2010. Mr. U.A.
Trivedi learned Additional Government Pleader has no objection.
Hence, the registry will list the first appeal (stamp) Nos. 5978 to
5983 of 2009 for admission/final hearing on 21st
June 2010.
(K.M.THAKER,J.)
Suresh*
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