NEUTRAL CITATION
C/CA/696/2023 ORDER DATED: 03/08/2023
undefined
/
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 696 of 2023
In
F/FIRST APPEAL NO. 28655 of 2021
With
R/CIVIL APPLICATION NO. 697 of 2023
In
F/FIRST APPEAL NO. 28658 of 2021
With
R/CIVIL APPLICATION NO. 699 of 2023
In
F/FIRST APPEAL NO. 28659 of 2021
With
R/CIVIL APPLICATION NO. 705 of 2023
In
F/FIRST APPEAL NO. 28654 of 2021
==========================================================
DEVIBEN DEVRAJ
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4
MR KURVEN DESAI, AGP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 03/08/2023
COMMON ORAL ORDER
1. By these applications under section 5 of the Limitation Act, 1963, the applicants seek condonation of delay of 1138 days caused in filing the captioned First Appeals against the judgment and decree dated 30.12.2016 passed in Page 1 of 4 Downloaded on : Sat Sep 16 23:58:35 IST 2023 NEUTRAL CITATION C/CA/696/2023 ORDER DATED: 03/08/2023 undefined the Land Acquisition Reference (LAR) Case Nos.95/1993, 99/1993, 103/1993 and 91/1993 in group LAR No.44/1993 to 104/1993 (main LAR No.44/1993) by the learned Principal Senior Civil Judge, Jamnagar.
2. Heard learned advocate Mr.Krushnakant D. Patel for the applicants, learned Assistant Government Pleader Mr.Kurven Desai (CA/696/2023 and CA/697/2023), Ms.Dhwani Tripathi (CA/699/2023) and Ms.Hetal Patel (CA/ 705/2023) for the respondent-State.
3. Rule, returnable forthwith. Learned Assistant Government Pleader Mr.Kurven Desai, learned Assistant Government Pleader Ms.Dhwani Tripathi and learned Assistant Government Pleader Ms.Hetal Patel waive service of notice of rule on behalf of the respondent-State.
4. Learned advocate Mr.Krushnakant Patel Page 2 of 4 Downloaded on : Sat Sep 16 23:58:35 IST 2023 NEUTRAL CITATION C/CA/696/2023 ORDER DATED: 03/08/2023 undefined submitted that the claimants would waive the interest for the period of delay caused in filing these 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 application, 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.Krushnakant Patel 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 First Appeals deserves to be condoned. Page 3 of 4 Downloaded on : Sat Sep 16 23:58:35 IST 2023
NEUTRAL CITATION C/CA/696/2023 ORDER DATED: 03/08/2023 undefined
7. The applications, therefore, succeed 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 is hereby condoned. Rule is made absolute accordingly with no order as to costs.
(BHARGAV D. KARIA, J) PALAK Page 4 of 4 Downloaded on : Sat Sep 16 23:58:35 IST 2023