Lh Of Decd Kanabi Jevatbhai ... vs Special Land Acquisition Officer

                                                                                         NEUTRAL CITATION




      C/CA/680/2023                                     ORDER DATED: 01/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 680 of 2023

                       In F/FIRST APPEAL NO. 373 of 2022

                                     With
                      R/CIVIL APPLICATION NO. 707 of 2023
                                     With
                      R/CIVIL APPLICATION NO. 719 of 2023
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              LH OF DECD KANABI JEVATBHAI MAHADEVBHAI
                               Versus
                  SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
CA 680-DHWANI TRIPATHI, AGP
CA-707-TANUSHREE SHRIMAL, AGP
CA-719-MS HETAL PATEL, AGP for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 01/08/2023

                            COMMON ORAL ORDER

1. By these applications under section 5 of the Limitation Act, 1963, the applicant seek condonation of delay of 1347 days in filing F/First Appeal Nos.372/2022, 373/2022 and 374/2022 against the impugned Judgment dated 30.06.2016 in Group L.A.R. No.2167/1998 to 2173/1998 passed by the Principal Senior Civil Judge, Palanpur.

NEUTRAL CITATION C/CA/680/2023 ORDER DATED: 01/08/2023 undefined

2. Heard learned advocate Mr. Tejas Satta for the applicants and learned Assistant Government Pleader for the respondent-State.

3. Rule, returnable forthwith. Learned Assistant Government Pleader waives service of notice of rule for the respondent-State.

4. Learned advocate Mr. Tajas Satta submitted that the claimants would waive the interest for the period of delay caused in filing the Appeals on the amount if any enhanced.

5. Having regard to the submissions advanced by the learned advocates for the respective parties and more particularly considering the averments made in the memorandum of applications, the Court is of the view that the delay caused in filing the First Appeals has been sufficiently explained.

6. In view of the submission made by learned advocate Mr. Tejas Satta for the applicants to the effect that the claimants would waive the interest for the period of delay caused in filing the appeals, the Court is of the view that the delay caused in filing the Page 2 of 3 Downloaded on : Sat Sep 16 23:43:16 IST 2023 NEUTRAL CITATION C/CA/680/2023 ORDER DATED: 01/08/2023 undefined First Appeals deserve to be condoned.

7. The applications, therefore, succeeds and are, accordingly, allowed on condition that the applicants shall waive the claim of interest for the period of delay in preferring the First Appeals. The delay caused in filing the First Appeals are hereby condoned. Rule is made absolute accordingly with no order as to costs. A copy of this order be placed in each matter.

(BHARGAV D. KARIA, J) URIL RANA Page 3 of 3 Downloaded on : Sat Sep 16 23:43:16 IST 2023