Kamlaben Jamnadas Fataniya vs Ahmedabad Municipal Corporation
2023 Latest Caselaw 4650 Guj

     C/CA/1785/2022                                  ORDER DATED: 19/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                      R/CIVIL APPLICATION NO. 1785 of 2022
                                       In
                        F/FIRST APPEAL NO. 22312 of 2022
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                    KAMLABEN JAMNADAS FATANIYA
                               Versus
                  AHMEDABAD MUNICIPAL CORPORATION
===============================================================
Appearance:
MR.AKASH J PANDYA(7206) for the Applicant(s) No. 1,2
MR.KARNA H DHOMSE(6684) for the Applicant(s) No. 1,2
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1
MR SALIL M THAKORE(5821) for the Respondent(s) No. 2
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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 149 days caused in

filing the captioned First Appeal against the

judgment and order dated 26.11.2019 passed by

the City Civil Court, Ahmedabad.

2. Heard learned advocate Mr.Karna Dhomse for

the applicants and learned advocate Mr.Nihar

Thakkar for learned advocate Mr.Salil M.

Thakore for the respondent No.2.

C/CA/1785/2022 ORDER DATED: 19/06/2023

3. Rule, returnable forthwith. Learned

advocate Mr.Nihar Thakkar waives service of

notice of rule on behalf of the respondent

No.2.

4. Learned advocate Mr.Nihar Thakkar for the

respondent No.2 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/1785/2022 ORDER DATED: 19/06/2023

Rule is made absolute accordingly with no

order as to costs.

(BHARGAV D. KARIA, J) PALAK