(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) Rule.
Mr.N.J.Shah, learned AGP waives service of rule on behalf of respondents No.1 to 3 and learned advocate Mr.Satyam Chhaya waives service of rule on behalf of respondent No.4.
This is an application for condonation of delay of 39 days in filing Letters Patent Appeal and also for bringing the heirs on record of appellant No.1/1 Haribhai Bagjibhai Bharvad who has died on 29.3.2011.
Heard learned senior counsel Mr.Yatin Oza assisted by learned advocate Ms.S.H.Thula for the applicants, Mr.N.J.Shah, learned AGP for the respondents No.1 to 3 and learned advocate Mr.Satyam Chhaya for the respondent No.4. They have no objection if the delay is condoned and the heirs of appellant No.1/1 are to be brought on record of the case.
Considering the contents of the application, it cannot be said that the delay caused in filing the appeal has remained totally unexplained. Therefore, we are of the view that the delay caused in filing Letters Patent Appeal deserves to be condoned. Accordingly this application is allowed. Delay is condoned. The heirs of deceased appellant No.1/1 are ordered to be brought on record of the case. Rule is made absolute with no order as to costs.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top