Gujarat High Court
Patel Marghaben Wd/O Vaghabhai vs Special Land Acquisition Officer on 4 August, 2025
NEUTRAL CITATION
C/CA/2161/2024 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 2161 of 2024
In F/FIRST APPEAL NO. 10943 of 2024
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PATEL MARGHABEN WD/O VAGHABHAI & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
JAY R SHAH(8428) for the Applicant(s) No. 1,2,3
MR MAHESH P PATEL(3381) for the Applicant(s) No. 1,2,3
MS.DHARITRI PANCHOLI AGP ADVANCE COPY SERVED for the
Respondent(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 04/08/2025
ORAL ORDER
1. Heard learned advocate Mr.M.P.Patel for the applicants and learned AGP for the respondent - State.
2. This is an application seeking leave to challenge the judgment and award dated 18.03.2015 passed by the learned 2nd Additional Senior Civil Judge & ACJM, Palanpur, Banaskantha.
3. Learned advocate for the applicants has submitted that on 18.03.2015, judgment and award came to be passed by learned Reference Court. Thereafter, on 08.12.2021, claimant expired. Death Page 1 of 3 Uploaded by MANOJ KUMAR(HC01092) on Thu Aug 07 2025 Downloaded on : Thu Aug 07 21:40:50 IST 2025 NEUTRAL CITATION C/CA/2161/2024 ORDER DATED: 04/08/2025 undefined Certificate is produced on record at page No.4 of the compilation. Learned advocate for the applicants has further submitted that this Court while allowing the leave to appeal has relied upon Clause 3 of Rule 51 of the Gujarat High Court Rules, 1993 and contended that the legal representatives are entitled to be permitted to be joined as party to the proceedings. Copy of the order dated 14.07.2025 passed by this Court in Civil Application No.903 of 2025 is placed on record which is taken on record.
4. Per contra, learned AGP submitted that the application has no merit and the applicants are not aggrieved by the judgment and award. It is further submitted that the applicants are not directly or indirectly affected by the impugned judgment and award. Hence, the application may be rejected.
5. Learned advocate for the the applicants has relied upon Clause 3 Rule 51 of the Gujarat High Court Rules, 1993 which is reproduced hereunder:
Page 2 of 3 Uploaded by MANOJ KUMAR(HC01092) on Thu Aug 07 2025 Downloaded on : Thu Aug 07 21:40:50 IST 2025NEUTRAL CITATION C/CA/2161/2024 ORDER DATED: 04/08/2025 undefined 51 Parties in Appeals and Applications:
(i) .....
(ii) ....
(iii) The provision of Subrule (ii) above, shall apply where the legal representatives of any party who has died pending the presentation of the appeal or application were not brought on the record of the proceedings in the Lower court but are made parties to the appeal or application.
6. Considering the submissions canvassed by learned advocates for the respective parties and averments made in the application, it appears that after pronouncement of judgment and decree, claimant expired. In the present case, Rule 51 of the Gujarat High Court Rules, 1993 as referred by learned advocate for the applicants would be applicable. Considering the aforesaid Rule, present application deserves consideration and the same is allowed. Hence, the delay is condoned.
7. The present application is allowed and stands disposed of. No order as to costs.
(D. M. DESAI,J) MANOJ Page 3 of 3 Uploaded by MANOJ KUMAR(HC01092) on Thu Aug 07 2025 Downloaded on : Thu Aug 07 21:40:50 IST 2025