Ashokbhai Tanaji Lonari vs Kiran Raghunath Patil
2021 Latest Caselaw 4040 Guj

          C/CA/2820/2020                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2820 of 2020

                    In F/FIRST APPEAL NO. 25264 of 2020

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                        ASHOKBHAI TANAJI LONARI
                                Versus
                    KIRAN RAGHUNATH PATIL & 3 other(s)
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR MAULIK J SHELAT(2500) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 2
RULE UNSERVED(68) for the Respondent(s) No. 4
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 10/03/2021
                              ORAL ORDER

1. Heard learned Advocate Mr. Nishit Bhalodi for the applicant and learned Advocate Mr. Maulik J. Shelat for the opponent No.3.

2. Though served nobody appears on behalf of the respondent No.2. Endorsement on the Board shows that the respondent No.4 has not been served.

3. Learned Advocate Mr. Bhalodi submits that before the learned Tribunal, the respondent Nos. 2 and 4 have filed a joint reply vide Exh.14 and therefore he submits that since the respondent No.2 has been served, it can be safely construed that insofar as the present application is concerned, the respondent No.4 is deemed to have knowledge about filing of the present application.

4. By way of this application the applicant has prayed for condoning the delay of 149 days in filing the captioned First Appeal against the judgment

C/CA/2820/2020 ORDER

and award dated 30.07.2019 passed by the learned M.A.C. Tribunal (Main), Narmada at Rajpipla in M.A.C.P. No. 208 of 2015.

5. Considering the submissions made by learned Advocate Mr. Bhalodi for the applicant and averments made in the application, the delay of 149 days caused in filing the captioned First Appeal against the judgment and award dated 30.07.2019 passed by the learned M.A.C. Tribunal (Main), Narmada at Rajpipla in M.A.C.P. No. 208 of 2015, is condoned. This application is allowed. Rule is made absolute.

(NIKHIL S. KARIEL,J) BDSONGARA