State Of Gujarat vs Kantilal Maganbhai
2023 Latest Caselaw 4645 Guj

     C/CA/3322/2022                                  ORDER DATED: 19/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 3322 of 2022
                       In F/FIRST APPEAL NO. 29104 of 2022

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                              STATE OF GUJARAT
                                    Versus
                             KANTILAL MAGANBHAI
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Appearance:
MS TANUSHREE SHRIMAL, AGP for the Applicant(s) No. 1,2,3
HIMANSHU J AMIN(7787) for the Respondent(s) No. 1
MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                Date : 19/06/2023

                                 ORAL ORDER

1. By this application under section 5 of the

Limitation Act, 1963, the applicants seek

condonation of delay of 723 days caused in

filing the captioned First Appeal against the

judgment and order dated 27.04.2018 passed by

the Principal Senior Civil Judge, Morbi.

2. Heard learned Assistant Government Pleader

Ms.Tanushree Shrimal for the applicants and

learned advocate Mr.Manish Malviya for learned

advocate Ms.Archana Amin for the respondent

C/CA/3322/2022 ORDER DATED: 19/06/2023

No.1.

3. Rule, returnable forthwith. Learned

Advocate Mr.Manish Malviya waives service of

notice of rule for the respondent No.1.

4. Learned advocate Mr.Manish Malviya for the

respondent No.1 has objected the condonation

of delay.

5. Having regard to the submissions advanced

by the learned advocates for the respective

parties and more particularly considering the

averments made in the memorandum of

application, the Court is of the view that the

delay caused in filing the First Appeal has

been sufficiently explained.

6. The application, therefore, succeeds and

is, accordingly, allowed. The delay caused in

filing the First Appeal is hereby condoned.

C/CA/3322/2022 ORDER DATED: 19/06/2023

Rule is made absolute accordingly with no

order as to costs.

(BHARGAV D. KARIA, J) PALAK