Gujarat High Court Case Information System
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CA/4136/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 4136 of 2011
In
FIRST
APPEAL (STAMP NUMBER) No. 2280 of 2009
=========================================================
YASINBHAI
ALLARAKHA - Petitioner(s)
Versus
RIZVANBANU
YASINBHAI - Respondent(s)
=========================================================
Appearance
:
MR
SS BELSARE for
Petitioner(s) : 1,
MS KRUTI VORA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 23/08/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is for condonation of delay of 46 days in
preferring appeal against the order passed by the Family Court in
Criminal Misc. Application No.26 of 2005, which is impugned in the
first appeal.
We
have heard Mr.Belsare, learned Counsel appearing for the applicant
and Ms.Kruti Vora, learned Counsel appointed from the Panel of Legal
Aid on behalf of the respondent.
Considering
the facts and circumstances and in view the grounds mentioned in the
application for condonation of delay, sufficient cause is made out.
Hence, delay deserves to be condoned and, therefore, condoned.
The
application is allowed to the aforesaid extent. Rule made absolute
accordingly.
It
is observed that the amount of arrears of maintenance, as stated by
the learned Counsel for the Applicant, has already been deposited.
Therefore, the respondent shall be at liberty to withdraw the
amount.
First
Appeal to be listed for hearing on 6.9.2011. Office to show the
name of Ms.Kruti Vora for the respondent.
(Jayant Patel, J.)
(R. M. Chhaya, J.)
vinod
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