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H.B.Rangani vs Unknown

High Court Of Gujarat|20 September, 2013
1. Heard Mr. P.A. Jadeja, learned advocate for the applicant original petitioner.
It appears from the record that by an order dated 23.1.2006, the applicant original petitioner was granted time to remove the office objections on 6.2.2006. However, as the office objections were not removed, the main Writ Petition came to be dismissed for want of non-prosecution.
Thereafter, the present application was filed and the same is pending. In fact by an order dated 2.7.2013 passed by this Court in Civil Application No.1651 of 2013, this Court has passed the following order:-
1. By way of this application, the applicant has prayed for the following relief(s):-
(A) That the Hon'ble Court may be pleased to allow this application for reconstruction of Misc. Civil Application No.582 of 2011 by allowing to file new sets of Misc. Civil Application No.582 of 2011 along with annexures therein in the High Court Registry and further be pleased to direct the High Court Registry to except new sets of Misc. Civil Application No.582 of 2011 and place the same for hearing before the concerned Court.
(B) That the Hon'ble Court may be pleased to allow this application for reconstruction of Misc. Civil Application No.582 of 2011 and further be pleased to fix the early date of hearing of the case in the interest of justice.
(C) That the Hon'ble Court may pass any other and further relief as the Hon'ble Court may deem fit in the interest of justice.
(D) That the Applicant craves leave to add, alter, or resign all or any part of this application as and when required in the interest of justice.
2. This Court vide order dated 20.06.2013, called for the report whether the papers of Misc. Civil Application No.582 of 2011 are traceable in the Registry or not. Hence, the Registry has placed a report, wherein it is indicated that the papers are not traceable.
4. Mr.Jadeja, learned counsel for the petitioner states that the applicant has copies of the Misc. Civil Application No.588 of 2011, which are not traced out and further states that the applicant has not made any alteration or correction thereafter.
5. In view of the aforesaid and considering the fact that the original papers are not traceable, the applicant is permitted to reconstruct the papers of Misc. Civil Application No.582 of 2011. Registry shall examine the same in accordance with Rules.
6. Application stands disposed of, accordingly.
4. In view of the fact that the present application is filed for restoration of the main Writ Petition which has been dismissed because of want of non-prosecution, in opinion of this Court, presence of opponents is not necessary at this stage.
Mr.
P.A. Jadeja, learned advocate for the applicant states that the applicant has removed all office objections in the main matter. It is further submitted that, however, if there are any further office objections, the same shall be removed latest by 5.10.2013.
In view of the above, the main matter is restored on condition that the office objections, if any, shall be removed by 5.10.2013.
7. With these observations, this application is disposed of.
(R.M.CHHAYA, J.) mrp Page 4 of 4
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