Deputy Chief Engineer Surveyor ... vs Chhitubhai Kevalbhai Patel
2021 Latest Caselaw 2511 Guj

       C/FA/33656/2018                              IA ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018
               In F/FIRST APPEAL NO. 33656 of 2018
                              With
 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018
               In F/FIRST APPEAL NO. 33657 of 2018
                              With
 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018
               In F/FIRST APPEAL NO. 33659 of 2018
                              With
 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018
               In F/FIRST APPEAL NO. 33660 of 2018
                              With
 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018
               In F/FIRST APPEAL NO. 33661 of 2018
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DEPUTY CHIEF ENGINEER SURVEYOR AND CONSTRUCTION Versus BALUBHAI JIVANBHAI ================================================================ Appearance:

MR MUKESH PATEL appears with MR SUDHIR A MEHTA for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 17/02/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present applications are filed seeking condonation of delay of 36 days caused in filing the accompanying first appeals.

2. Learned advocate for the applicant has submitted that the impugned judgment and order came to be passed on 30.03.2018 and the decree came to be drawn on 02.06.2018. It is submitted that the certified copy of the judgment and decree was applied on 19.04.2018 and the same was ready for delivery and supplied on 11.06.2018 to the advocate for the

C/FA/33656/2018 IA ORDER

applicant. The decree was drawn on 02.06.2018 and was delivered to the learned advocate on 04.06.2018 and the same was received by the applicant from the learned advocate along with the opinion on 20.07.2018. It is submitted that after receiving the same, the file was placed before the competent authority for perusal and necessary action and the same was referred to the Law Section and it was decided to file appeal challenging the impugned order.

2.1 Learned advocate has further submitted that thereafter, due procedure for engagement of learned advocate had been followed and the matter was referred to the learned advocate, who asked for certain details to provide and accordingly such details were gathered and forwarded to the learned advocate. Learned advocate Mr.Karnavat, on record could not complete the drafting and procedure for filing the appeals and informing about his sickness and hence, it was requested to another learned advocate to complete and carry out the process for the same, who prepared and forwarded the appeal and application and informed the estimated cost for filing appeal and the appeal had been filed on 27.12.2018 and thus, there is delay of 36 caused in filing the respective first appeals mentioned hereinabove. Lastly, it is urged that the delay was not willful or deliberate and, therefore, the same may be condoned in the interest of justice.

3. Though served, none appears on behalf of the opponents.

4. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, the delay of 36 days requires to be condoned. The same is hereby condoned.

C/FA/33656/2018 IA ORDER

5. Accordingly, the present applications stand allowed. Rule is made absolute. Registry shall accept the vakalatnama(s) of learned advocate Mr.Sudhir A. Mehta.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) NEHA GUPTA