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CA/6701/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 6701 of 2008
In
FIRST APPEAL (STAMP NUMBER) No. 74 of 2008
To
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 6709 of 2008
In
FIRST APPEAL (STAMP NUMBER) No. 82 of 2008
=========================================================
STATE
OF GUJARAT & 1 - Petitioners
Versus
KANTIBHAI
MOHANBHAI - Respondent
=========================================================
Appearance
in CA Nos.6701 to 6705 of 2008 :
MR
AJ DESAI, AGP for the Petitioners.
MR YOGESH MOTIRANANI FOR MR
APURVA R KAPADIA for the Respondent.
Appearance in CA
Nos.6706 to 6709 of 2008 :
MR PD BHATE, AGP for the
Petitioners.
MR YOGESH MOTIRANANI FOR MR APURVA R KAPADIA for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 04/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.N.PATEL)
1. Rule.
Learned counsel Mr.Kapadia waives service of notice of Rule on behalf
of the respondent.
2.
These Civil Applications have been preferred for condonation of delay
of 171 days in preferring First Appeals against the judgement and
award dated 30th March,2007 passed by learned 5th
Additional Senior Civil Judge, Ahmedabad (Rural) District Court at
Mirzapur in L.R.C. Nos.216 to 224 of 2002.
3.
Learned Assistant Government Pleader for the applicants submitted
that the judgement and award was passed by learned Judge on 30th
March,2007. The certified copy of the
order was applied on 4th June,2007. The same was ready for
delivery on 30th June,2007, which was obtained on 21st
July,2007. Thereafter, a proposal was forwarded with necessary
opinion to the Legal Department of the State of Gujarat and it took
sometime in studying the judgment and
relevant case papers, and, subsequently, the final decision
of preferring the Appeal was taken. However, there was a delay of
171 days in preferring the aforesaid First Appeals. Thus, because of
the departmental procedure as well as for studying case papers and
the judgment, the time has been consumed in
preferring the aforesaid First Appeals. Therefore, the delay may be
condoned.
4. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case and the reasons stated in the memo of
the applications for condonation of delay, in my opinion, there are
sufficient and reasonable reasons for condonation of delay. Moreover,
the applications for condonation of delay are not controverted by the
learned counsel for the respondents. Some time has been consumed in
taking an opinion of Assistant Government Pleader of the Trial Court,
under Law Officers Rule and, thereafter, some time has been consumed
in taking decision and in that thinking process, file has moved from
one Department to another Department and, therefore, delay has been
caused in preferring the aforesaid First Appeals, is therefore,
condoned. These Civil Applications are allowed. Rule made absolute
with no order as to costs.
5. The
Registry is hereby directed to enlist the aforesaid First Appeals on
admission board on 15th September,2008.
(R.P.DHOLAKIA,J)
(D.N.PATEL,J)
*dipti
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