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2012 Supreme(Guj) 256

RAJESH H.SHUKLA
Manhargiri Rajgiri Goswami – Appellant
Versus
District and Sessions Judge Valsad Deleted – Respondent


Advocates:
Appearance :
Mr Aspi M Kapadia, for the Petitioners No. 1 - 2.
Deleted, for the Respondent No. 1.
Rule Served by DS, for the Respondents No. 2-3, 5-6.
Mr. C.B. Upadhyaya, for the Respondent No. 3.
Mr. S. Sanjanwala, Sr. Adv. with Mr. Dilip L. Kanojiya, for the Respondent No. 4.

Judgment

Rajesh H. Shukla, J.—The present Civil Application has been filed by the applicants-original appellants under Section 5 of the Limitation Act for condonation of delay on the grounds stated in the application inter alia that the applicants were financially weak and could not make the financial arrangement to immediately challenge the order dated 04.10.2005 passed by the Presiding Officer, Fast Track Ccourt, Valsad. It is also contended that the time was consumed for making financial arrangement. Further, it is also contended that the applicants’ advocate, who was handling the case and guiding them, did not properly guide the applicants and did not inform about the availability of the remedy of Appeal under Section 72(4) of the Bombay Public Trust Act, 1980.

2. Affidavit-in-reply has been filed on behalf of the opponent No. 4-Trust specifically contending that the say of the applicant that they are economically weak cannot be believed as they have been fighting the litigations for seven years and after the impugned order was passed, they have filed further proceedings at Valsad and one petition is filed before the Tribunal. It is further contended in the affidavit that second
























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