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CA/4617/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 4617 of 2011
In
FIRST
APPEAL (STAMP NUMBER) No. 735 of 2011
=========================================
VASAI
GRAM PANCHAYAT - Petitioner(s)
Versus
KAPILABEN
SHRIMALI WD/O PREMCHANDBHAI ATRAMBHAI SHIMALI - Respondent(s)
=========================================
Appearance :
MR
AJ SHASTRI for
Petitioner(s) : 1,
MR RAJESH P MANKAD for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/06/2011
ORAL
ORDER
1. Present
application under Section 5 of the Limitation Act has been preferred
by the applicant -appellant Gram Panchayat to condone the delay of
553 days in preferring the First Appeal.
2.0. Having heard
Shri Vishal Mehta, learned advocate for the applicant and Shri Rajesh
Mankad, learned advocate for the original claimant and as the
application is not seriously opposed by learned advocate for the
respondent and subject to payment of cost which is quantified at
Rs.2500/- to be deposited by the applicant with the Registry of this
Court within a period of one week from today, present application is
allowed and the delay caused in preferring the aforesaid First Appeal
is hereby condoned. Rule is made absolute to the aforesaid extent. It
is observed that in case the aforesaid amount of cost is not
deposited by the applicant within a period of one week from today as
ordered, the delay is not treated to have been condoned. On deposit
of the aforesaid amount of cost, it will be open for the respondent
to withdraw the same and Registry to pay the same to the respondent
by Account Payee Cheque immediately.
(M.R.SHAH,
J.)
kaushik.
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