(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The present application is filed for condoning the delay in preferring Appeal from interim order dated 20th October, 2011 in civil application for direction. In view of the fact that Civil Application as well as the main petition being Special Civil Application No.5095 of 2004, are both pending and were ordered to be listed on 14th November, 2011, learned Counsel, Mr. Viral K. Shah, appearing for the applicant, submitted that the appeal was required to be filed only on account of the fact that the main petition was listed on 14th November, 2011, but, the hearing was adjourned, and thereafter, the matter is not coming on the Board.
2. Under the circumstances, Mr. Shah, fairly stated that the applicant was really required to move the Office of the High Court to list the main petition and then press the main petition for final disposal. Therefore, the present application is not required to be entertained and is disposed of with the observation that as soon as learned Counsel makes appropriate application for listing of the main Special Civil Application No.5095 of 2004, Office may list that matter for final hearing before the appropriate Court. We are sure that as and when the main petition is listed for hearing and the applicant herein, prays for its hearing and disposal, learned Counsel appearing on both sides will cooperate in earliest practicable hearing of the main petition. Accordingly, present application is DISPOSED OF with the above observations.
(D.H.
WAGHELA, J.) (MOHINDER PAL, J.) Umesh/ Top