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CA/1754/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1754 of 2011
In
FIRST
APPEAL (STAMP NUMBER) No. 1826 of 2010
=========================================
ASHRAF
ADAMJI & 1
Versus
SALIM
ISMAIL SUMARA & 1
=========================================
Appearance
:
MS.FALGUNI D.TRIVEDI for
Applicants
RULE SERVED for
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 13/04/2011
ORAL
ORDER
1. Though
served none appears on behalf of the respondents.
2. By
means of filing this application under Section 5 of the Limitation
Act, the applicants – appellants request to condone the delay
of 244 days caused in preferring First Appeal challenging the
impugned judgment and decree dated 10th July, 2009
rendered by the learned 4th Additional Senior Civil Judge,
Junagadh in Special Civil Suit No.17 of 2000.
3. Having
heard Ms.F. D. Trivedi, learned counsel for the applicants and
perusing the contents of this application and more particularly
paragraph No.5 in the application, which is supported by
uncontroverted affidavit of the applicants, this Court is of the
opinion that the delay is sufficiently explained and the delay
deserves to be condoned.
4. For
the foregoing reasons, this application is allowed. The delay of 244
days caused in preferring First Appeal is condoned. There shall be no
order as to costs. Rule is made absolute, accordingly.
[
J. C. UPADHYAYA, J. ]
vijay
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