RULE.
Mr.Dipen Dave, learned advocate for the opponents appears and waives service of notice.
By way of this application, the applicant- petitioner has prayed for condonation of delay of 2295 days in filing the application for bringing the heirs of the deceased opponent-Dhuliben on record of the main petition as well as for removal of abatement on account of death of the deceased opponent-Dhuliben.
In response to the notice issued by this Court, Mr.Dipen Dave, learned advocate for the applicants appears today.
In fact the delay in filing the aforesaid application is enormous, however, considering the averments made in Paragraph Nos.3 and 3.A of the application, this Court feels that the applicant has been able to show sufficient cause in the delay caused.
It is also note worthy that Mr.Dave, learned advocate for the opponents, has no objection if the delay is condoned. However, even while taking a lenient view delay of 2245 days is condoned subject to the applicant depositing a sum of Rs.2,000/- as cost with the Gujarat High Court Legal Services Committee. Upon production of the original receipt thereof on record, Registry is directed to give pakka number to Civil Application (Stamp) No.10958 of 2011 and list the matter before this Court.
With these observations, the application stands allowed. Rule made absolute accordingly.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top