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2024 Supreme(Guj) 1120

SANDEEP N. BHATT
Malavi Bhanvarlal Ganeshji – Appellant
Versus
Himmatnagar Nagarpalika Office – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs Nisha M Parikh, MS Abha B Makwana
For the Respondent: Kumar H Trivedi

JUDGMENT :

1. The present Second Appeal is filed by the appellants – original applicants by challenging the impugned judgment dated 30.07.2010 passed below Exh.139 in Regular Civil Suit No.20 of 2002 by the learned 3rd Addl. Senior Civil Judge, Himmatnagar as well as the judgment dated 15.09.2011 passed below Exh.25 & 26 in Regular Civil Appeal No.28 of 2010 by the learned Principal District Judge, Sabarkantha, whereby the same were dismissed by both the courts below.

2. The present Second Appeal was filed in the year 2012 and is currently pending for admission. No further orders have been passed since 2012, which is a highly concerning aspect of this matter. It clearly indicates the need for improvement in the system of the Registry for listing cases. Upon perusal the proceedings of this case, it is revealed that it was initially filed on 07.09.2012 and subsequently listed before the learned Court on 26.09.2012, which came to be dismissed for want of prosecution. However, by order dated 7.11.2012 in Misc. Civil Application No.3044 of 2012 for restoration, the Court restored the matter by allowing that application. Despite this, it appears that the matter was never brought before the

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