Gujarat High Court Case Information System
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CA/8802/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 8802 of 2010
In
MISC.
CIVIL APPLICATION - FOR RESTORATION (STAMP) No. 1742 of 2010
In
LETTERS
PATENT APPEAL No. 125 of 2009
In
SPECIAL
CIVIL APPLICATION No. 15926 of 2008
=================================================
VIDYA
BHARATI EDUCATIONAL AND CHARITABLE TRUST-WANKANER & 1 -
Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=================================================
Appearance :
MR
VM PANCHOLI for Petitioner(s) : 1 - 2.
GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 21/01/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
Civil Application has been preferred for condonation of delay of 53
days in preferring the proposed Misc. Civil Application for
restoration of Letters Patent Appeal No. 125 of 2009.
2. From
the order dated 4.5.2010, it will be evident that the counsel for the
appellants sought permission to withdraw the appeal and, therefore,
the case was disposed of. The order reads as follows :-
“Learned
counsel appearing on behalf of the appellants sought for and
permitted to withdraw the Appeal without any liberty. Learned
counsel for the respondents have no objection. It is accordingly
dismissed. Interim relief, if any, stands vacated.”
3. The main
plea taken is that only the first appellant wanted to withdraw the
appeal, but that cannot be a ground for restoration of a case which
was withdrawn. For the said reason, we are not inclined to entertain
this application. Both the petition for condonation of delay and the
Misc. Civil Application for restoration are dismissed.
[S. J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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