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2024 Supreme(Online)(GUJ) 345

HIGH COURT OF GUJARAT
SA,CJ,PT
LH OF BISMILLABIBI D/O MUSAMIYA JIVANMIYA THROUGH KHATIJABIBI RAJAKMIYA SAIYED D/O BISMILLABIBI – Appellant
Versus
LHS OF BASIRALI PANNUMIYA – Respondent


Petitioner Advocates:MR VIVEK V BHAMARE(6710) ,Respondent Advocate:

ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) The main Letters Patent Appeal is directed against the judgment and order dated 11.12.2023 passed by the learned single Judge and was stated to be delayed by 9 days on the date of presentation, which is 26.02.2024, as is clear from the copy of the application seeking condonation of delay appended with the appeal.

2. However, the record indicates that the date of the registration of the delay condonation application filed with the appeal is 07.06.2024. The check list on the application signed by the Deputy Registrar is dated 27.02.2024, wherein the office objections have been reported. The signature dated 5.6.2024 of the Assistant / Deputy Section Officer / Section Officer of the Central Filling Center indicates that all the office objections were removed on the said date.

3. It seems that the appeal alongwith the delay condonation application though was presented on 26.02.2024 and the objections in the check list were prepared on 27.02.2024, but the matter has been kept pending in the Registry for about four months, for which we do not find any explanation on record. The learned counsel for the appellant is also no

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