SCA/8302/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8302 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= JESANGBHAI SOMABHAI SOLANKI - Petitioner(s) Versus MANJULABEN WD/O NATUBHAI SOMABHAI SOLANKI - Respondent(s) ========================================================= Appearance : MR BG PATEL for Petitioner. MR MA PAREKH for Respondent. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 04/08/2008 ORAL JUDGMENT 1. Rule. Mr.M.A.Parekh, learned advocate waives service of notice of Rule on behalf of respondent. With the consent of learned advocates appearing for SCA/8302/2008 2/3 JUDGMENT the respective parties, the petition is taken up for final hearing today. 2. By way of this petition under Article 227 of the Constitution of India, petitioner-original applicant-original defendant has prayed for an appropriate order to quash and set aside the order passed by the learned Additional District Judge & Presiding Officer, 6th Fast Track Court, Anand in Civil Misc.(Delay) Application No.65 of 2008 in rejecting the same and not condoning the delay of two years and six months in preferring the appeal against the order passed below Exh.5. 3. In the facts and circumstances of the case, learned advocates appearing on behalf of the respective parties do not press for reasoned order in support of the prayer to condone the delay in preferring the appeal against the order Exh.5 and therefore this Court is not assigning any further reasons in support of prayer to condone the delay and quash and set aside the impugned order. SCA/8302/2008 3/3 JUDGMENT 4. For the reasons stated above, the petition succeeds. The impugned order passed by the learned Additional District Judge & Presiding Officer, 6th Fast Track Court, Anand dated 5.6.2008 passed in Civil Misc.(Delay) Application No.65 of 2008 in not condoning the delay in preferring the appeal against the order passed below Exh.5 is hereby quashed and set aside and the delay in preferring the appeal is condoned. Rule is made absolute accordingly. Ad- interim relief granted earlier shall stand vacated. ( M.R. SHAH, J. ) syed/