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National vs Hasinabibi

High Court Of Gujarat|27 March, 2012

JUDGMENT / ORDER

1. This appeal is of the year 1999 and has been listed before this court time and again. On each and every occasion, either of the sides has taken time on one pretext or the other. Matter was initially listed on 16.03.2011, 06.04.2011 and 04.05.2011. Thereafter on 22.11.2011, the following order was passed:
"Office is directed to separate First Appeal No. 799 of 2000 from this appeal and to list it for hearing on 12 th December 2011.
In the meantime, office will call R & P of First Appeal No. 799 of 2000 from the concerned Tribunal."
2. Thereafter on 12.12.2011, the following order was passed:
"With a view to enable Ms. Jani, ld. Advocate for appellant to produce on record the documents which she wants to rely upon, S.O to 19/12/2011."
3. On 19.12.2011, this court observed that as paper book was supplied on that day by ld. Counsel for the appellant S.O. to 22/12/2011.
4. On 22.12.2011, this Court passed the following order:
"Mr.
Thakore, ld. Counsel for Ms. Jani, ld. Counsel for the appellant requests for time to enable him to produce the evidence of claimants. S.O to 28/12/2011.' Mr.
Bukhari, ld. Counsel for the respondent is not present. It is however observed that if Mr. Bukhari is not present on the next date of hearing, the matter will be proceeded ex-parte."
5. Matter was adjourned on 28.12.2011 and eventually when the matter was taken up for hearing on 23.01.2012, the following order was passed:
"Mr.
Bukhari, ld. Counsel for the respondent no. 1 requests for time. S.O to 25/01/2012 as a last chance."
6. Thereafter the matter has been again adjourned on a number of occasions. Today, Mr. Bukhari has filed sick note. Therefore as a last chance, the appeal is adjourned to 03.04.2012. It is clarified that no sick/leave note filed by either parties shall be entertained on the next date of hearing. The matter shall be taken up for hearing peremptorily and even if learned advocate for any of the side is not present, matter shall be proceeded with ex-parte and appropriate orders shall be passed.
(K.S.
JHAVERI, J.) Divya// Top
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Title

National vs Hasinabibi

Court

High Court Of Gujarat

JudgmentDate
27 March, 2012