NEUTRAL CITATION
C/CA/667/2023 ORDER DATED: 08/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 667 of 2023
In
F/FIRST APPEAL NO. 3634 of 2022
With
R/CIVIL APPLICATION NO. 668 of 2023
In
F/FIRST APPEAL NO. 3629 of 2022
With
R/CIVIL APPLICATION NO. 670 of 2023
In
F/FIRST APPEAL NO. 3636 of 2022
With
R/CIVIL APPLICATION NO. 671 of 2023
In
F/FIRST APPEAL NO. 3641 of 2022
With
R/CIVIL APPLICATION NO. 688 of 2023
In
F/FIRST APPEAL NO. 3630 of 2022
With
R/CIVIL APPLICATION NO. 730 of 2023
In
F/FIRST APPEAL NO. 3648 of 2022
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THOBHANBHAI HARJIBHAI PATEL EXPIRED (THROGH HIS LEGAL
HEIRS)
Versus
SPECIAL LAND ACQUISITION OFFICER
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Appearance:
DECEASED LITIGANT for the Applicant(s) No. 1
MR.PINANK J RAIYANI(10166) for the Applicant(s) No. 1.1,1.2,1.3,1.4
for the Respondent(s) No. 2
MS DHWANI TRIPATHI, AGP , MS.TANUSHREE SHRIMAL, AGP AND
MS.HETAL PATEL, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 08/08/2023
COMMON ORAL ORDER
1. By this application under section 5 of the Page 1 of 4 Downloaded on : Sun Sep 17 00:38:12 IST 2023 NEUTRAL CITATION C/CA/667/2023 ORDER DATED: 08/08/2023 undefined Limitation Act, 1963, the applicants seek condonation of delay of 937 days caused in filing the captioned First Appeals against the judgment dated 22.05.2017 passed in the Land Acquisition Reference (LAR) Case Nos.118/2002, 109/2002, 129/2002, 128/2002, 107/2002 and 130/2002 by the learned 2nd Additional Senior Civil Judge, Dhrangadhra, District:Surendranagar.
2. Heard learned advocate Mr.Pinakin J. Raiyani for the applicants, learned Assistant Government Pleader Ms.Dhwani Tripathi (CA/667/2023), learned Assistant Government Pleader Ms.Tanushree Shrimal (CA/668/2023 and CA/670/2023) and learned Assistant Government Pleader Ms.Hetal Patel (CA/671/2023, CA/688/2023 and CA/730/2023) for the respondent No.1.
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NEUTRAL CITATION C/CA/667/2023 ORDER DATED: 08/08/2023 undefined
3. Rule, returnable forthwith. Learned Assistant Government Pleader Ms.Dhwani Tripathi, learned Assistant Government Pleader Ms.Tanushree Shrimal and learned Assistant Government Pleader Ms.Hetal Patel waive service of notice of rule for the respondent No.1.
4. Learned advocate Mr.Pinakin Raiyani 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 applications, the Court is of the view that the delay caused in filing these First Appeals has been sufficiently explained. Page 3 of 4 Downloaded on : Sun Sep 17 00:38:12 IST 2023
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6. In view of the submission made by learned advocate Mr.Pinakin Raiyani 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.
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 : Sun Sep 17 00:38:12 IST 2023