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CA/12094/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 12094 of 2010
In
MISC.CIVIL
APPLICATION (STAMP NUMBER) No. 2279 of 2010
In
SECOND APPEAL No. 80 of 1990
=========================================================
SUGRABIBI
HAJI ABDULKADAR - DECEASED THROUGH LEGAL HEIR & 1 - Petitioner(s)
Versus
MOHMADHUSAIN
ABDULREHAMAN ABDULKARIM - Respondent(s)
=========================================================
Appearance :
MR
CB DASTOOR for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1,
MR NIRAV R
MISHRA for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,
1.2.6,1.2.7
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 10/12/2010
ORAL
ORDER
1. Present
application has been filed by the applicants for condonation of delay
of 1847 days in filing Misc. Civil Application (Stamp) No. 2279 of
2010 in Second Appeal No. 80 of 1990 on the grounds stated in this
application. However, the learned Advocate Mr. Mishra for the
opponents has raised an objection that Regular Civil Suit No. 13 of
2009 is also filed before the District Court, Ahmedabad (Rural).
Therefore, learned Advocate Mr. Dastoor has submitted an undertaking
of the applicants stating therein that the suit will be withdrawn
within a week. In view of the undertaking, present Civil Application
for condonation of delay under Section 5 of the Limitation Act is
required to be considered.
2. Having
heard the learned Advocates for the parties and also considering the
guidelines with regard to the condonation of delay under Section 5 of
the Limitation Act and also the judgments of the Hon’ble Apex Court
i.e. (i)
Oriental
Aroma Chemical Industries Ltd., v. Gujarat Industrial Development
Corporation & Anr., (2010)5 SCC 459,
(ii) State
of Bihar & others v. Kamleshwar Prasad Singh & another, AIR
2000 SC 2306
(paras 11 to 14 of the reported judgment) and (iii) N.
Balakrishnan v. M. Krishnamurthy, Judgment Today, 1998 (6) SC 242,
present
application deserves to be allowed condoning the delay of 1847 days.
Accordingly the present
application is allowed.
Rule made absolute
accordingly. No order as to costs.
(RAJESH
H. SHUKLA, J.)
jani
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