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CA/7130/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION-FOR CONDONATION OF DELAY No.7130 of 2011
In
FIRST
APPEAL No.1162 of 2011
=====================================================
VADODARA
DISTRICT PANCHAYAT - Petitioner(s)
Versus
JAYABEN
AMBALAL DESAI & 4 - Respondent(s)
=====================================================
Appearance
:
MR HS MUNSHAW for Petitioner(s) :
1,
RULE SERVED BY DS for Respondent(s) : 1 - 3, 5,
MR YATIN
SONI for Respondent(s) : 1 - 2.
RULE SERVED for Respondent(s) :
4,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 28/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present civil application is for condonation of delay of 359 days in
preferring the first appeal against the judgment and award passed by
the Reference Court, which is impugned in the first appeal.
Heard
Mr.Gajendra P. Baghel, for Mr.Munshaw for the applicant, Mr.Ajaysinh
for Mr.Deepak P. Sanchela for opponent No.4, Mr.Niraj Soni, learned
A.G.P. for opponent Nos.3 and 5 and Ms.Dalal for Mr.Yatin Soni for
opponent Nos.1 and 2, the original claimants.
Ms.Dalal
for opponent Nos.1 and 2-original claimants at the outset states
before the Court that if appropriate cost is deposited she has no
objection for the present application being
granted. So far as the other opponents are concerned, they are
supporting the applicant.
Considering
the facts and circumstances and more particularly in view of the
declaration made on behalf of the original claimants, the delay is
condoned on condition that the applicant pays cost of Rs.2,000/- to
the original claimants, opponent Nos.1 and 2, in one set. As the
amount of cost has already been deposited, the condition is complied
with. Opponent Nos.1 and 2 shall be at liberty to withdraw the amount
of cost.
Application
is allowed to the aforesaid extent. RULE made absolute.
Sd/-
[JAYANT
PATEL,J]
Sd/-
[
R.M.CHHAYA, J]
***
Bhavesh*
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