Rule.
The present applications have been filed by the applicants-State for recalling of the order dated 28.11.2011 passed by this Court (Coram : J.C. Upadhyaya, J.), by which, the main First Appeals have been dismissed for non-prosecution.
Heard learned AGP Mr.Ronak Raval for the applicants-State.
Learned AGP Mr.Raval has submitted that the reasons are mentioned in Para Nos.2 and 3 of the applications that the office objections could not be removed and, therefore, main First Appeals have been dismissed for non-prosecution. He, therefore, submitted that on merits as the applicants have good case, the present applications may be allowed and all the objections will be removed within two weeks.
Therefore, considering the guidelines for the delay and as state by the learned AGP, since he could not take instruction, the matters have been dismissed for non-prosecution, however, the interest of the State may not be prejudice if the applicants have not been able to move in time. Therefore, the present applications deserve to be allowed.
In the circumstances, the present applications stand allowed in terms of Para Nos.5(B), 5(C) & 5(D) and the order 28.11.2011 passed by this Court dismissing the main First Appeals for non-prosecution is hereby recalled. First Appeal (Stamp) Nos.3149 to 3157 of 2011 are ordered to be restored to file. Rule is made absolute.
(RAJESH H.SHUKLA, J.) /patil Top