NEUTRAL CITATION
C/CA/713/2023 ORDER DATED: 03/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 713 of 2023
In
F/FIRST APPEAL NO. 11311 of 2021
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HEIRS OF DECD. AMRUTLAL RAMJIBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4
for the Respondent(s) No. 2
MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 03/08/2023
ORAL ORDER
1. By this application under section 5 of the Limitation Act, 1963, the applicants seek condonation of delay of 706 days caused in filing the captioned First Appeal against the judgment dated 30.12.2017 and decree dated 10.01.2018 passed in the Land Acquisition Reference (LAR) Case No.220/2005 in group LAR No.210/2005 to 221/2005 (main LAR No.210/2005) by the learned Additional Senior civil Judge, Dhoraji.
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NEUTRAL CITATION C/CA/713/2023 ORDER DATED: 03/08/2023 undefined
2. Heard learned advocate Mr.Krushnakant Patel for the appellants and learned Assistant Government Pleader Ms.Tanushree Shrimal for the respondent No.1.
3. Rule, returnable forthwith. Learned Assistant Government Pleader Ms.Tanushree Shrimal waives service of notice of rule for the respondent No.1.
4. Learned advocate Mr.Krushnakant Patel submitted that the claimants would waive the interest for the period of delay caused in filing this Appeal 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 application, the Court is of the view that the Page 2 of 3 Downloaded on : Sat Sep 16 23:58:39 IST 2023 NEUTRAL CITATION C/CA/713/2023 ORDER DATED: 03/08/2023 undefined delay caused in filing the First Appeal has been sufficiently explained.
6. In view of the submission made by learned advocate Mr.Krushnakant Patel for the applicants to the effect that the claimants would waive the interest for the period of delay caused in filing the appeal, the Court is of the view that the delay caused in filing the First Appeal deserves to be condoned.
7. The application, therefore, succeeds and is, accordingly, allowed on condition that the applicants shall waive the claim of interest for the period of delay in preferring the First Appeal. The delay caused in filing the First Appeal is hereby condoned. Rule is made absolute accordingly with no order as to costs.
(BHARGAV D. KARIA, J) PALAK Page 3 of 3 Downloaded on : Sat Sep 16 23:58:39 IST 2023