(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The appellant is aggrieved by the order dated 28.04.2010 of learned Single Judge of this Court rendered in Special Civil Application No.8955 of 2009, which was dismissed for non-prosecution.
2. Having regard to the peculiar facts and circumstances, learned Counsel, Mr. Munshaw and learned AGP, Mr. Rakesh Patel, appearing for the respondents fairly stated that they would have no objection to the original petition of the petitioner being heard on merits. Therefore, the appeal is ALLOWED and the impugned order is set aside, with the direction that Special Civil Application No.8955 of 2009 shall be restored to the file and be placed before the appropriate Court for hearing. Learned Counsel, Mr. A.M. Parekh, stated that the appellant shall not take unnecessary adjournments.
3. Since, appeal is allowed, Civil Application shall not survive and it also stands DISPOSED OF accordingly.
(D.H.
WAGHELA, J.) (MOHINDER PAL, J.) Umesh/ Top