(Per :
HONOURABLE MR.JUSTICE PARESH UPADHYAY) None present for the applicants.
This Miscellaneous Civil Application has been placed before this Bench by the orders of Hon'ble the Acting Chief Justice, since it is in continuation of the earlier order dated 16.12.2008 passed by this Court (Hon'ble Mr. Justice R.P. Dholakia, as he then was and M.D. Shah, J.). By the said order this application was allowed and thus, effectively no further order can be / needs to be passed on this application.
It is to be noted here that this matter has a chequered history. Firstly First Appeal (Stamp) No.2032/2007 was filed with office objections. Office Objections were not removed within stipulated time, inspite of order dated 29.11.2007 passed by this Court (Coram : Hon'ble Mr. Justice A.M. Kapadia, as he then was, and Hon'ble Mr. Justice R.H. Shukla) and therefore, it stood dismissed for non-removal of office objections. Under these circumstances, this Miscellaneous Civil Application No.2617/2008 for restoration of main appeal was filed. This application was barred by limitation and therefore Civil Application No.8434/2008 for condonation of delay was filed, which was allowed vide order dated 30.09.2008 and thereafter, this Miscellaneous Civil Application was considered and allowed by order dated 16.12.2008 which reads as under :-
"This Misc. Civil Application in First Appeal(St.) No.2032 of 2007 has been filed by the applicant for extension of time for removing office objections by restoring aforesaid appeal. Heard learned counsel for the applicant, Mr.B.P.Dalal and learned AGP, Ms.Mini Nair for the respondent-State. It is stated by the learned advocate for the applicant that due to oversight, office objections could not be removed in time with the result, the matter stood dismissed for default. Facts remain that conditional order was passed for removal of office objections. But same could not be removed within stipulated period and, therefore, appeal was automatically stood dismissed for default. We have gone through the reasons narrated by the learned counsel for the applicant for non-removal of office objections. Since the reasons appear to be convincing, this Misc. Civil Application is required to be allowed and the First Appeal (Stamp) No.2032 of 2007 is required to be restored. This application is allowed. Order dated 29-11-2007 passed in First Appeal (St.) No.2032 of 2007 is quashed and set aside. First Appeal (St.) No.2032 of 2007 is restored to file. Office objections be removed within a period of two weeks from today. Office is directed to place the First Appeal for admission hearing thereafter."
Thereafter, nothing has happened. Office report shows that office objections are not removed and after these many years, the main matter is pending at stamp number stage only. At this stage, this application is placed before this Bench and therefore, orders, if any, can be passed on this Miscellaneous Civil Application No.2617/2008 only, and not on the main matter. As noted above this application is already allowed by the order dated 16.12.2008, and therefore no further order can be / needs to be passed on this application. Application stands disposed of accordingly.
Office may place the main appeal, before the Court, as may be directed by the Hon'ble the Acting Chief Justice, so that appropriate orders, about dismissal of main matter for non-prosecution and/or on merits, can be passed.
Sd/-
(M.D.
Shah, J.) Sd/-
(Paresh Upadhyay, J.) Caroline Top