Gujarat High Court
Rabari Kanjibhai Muljibhai vs Special Land Acquisition And ... on 14 July, 2025
NEUTRAL CITATION
C/CA/903/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 903 of 2025
In F/FIRST APPEAL NO. 34156 of 2024
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RABARI KANJIBHAI MULJIBHAI & ORS.
Versus
SPECIAL LAND ACQUISITION AND REHABILITATION OFFICER & ANR.
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Appearance:
MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1,2,3,4
MR RAHUL DAVE, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 14/07/2025
ORAL ORDER
1. Heard learned advocate Mr. Jinesh H. Kapadia for the applicants and learned Assistant Government Pleader Mr. Rahul Dave for the respondents. Perused the record.
2. This is an application seeking leave to challenge the judgment and decree dated 12.4.2018 passed in Land Reference Case No.246 of 2010 by learned Additional Senior Civil Judge, Deesa, District Banaskantha @ Palanpur.
3. The submission of learned advocate for the applicant is that the original claimant - Rabari Muljibhai Haribhai has expired on 2.10.2020 i.e. after the pronouncement of of the impugned judgment. Death certificate is produced on record at page no.4 Page 1 of 3 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 22:27:41 IST 2025 NEUTRAL CITATION C/CA/903/2025 ORDER DATED: 14/07/2025 undefined of the compilation. One of the heirs of deceased Desai Ambhaben Muljibhai has expired on 3.12.2015. Her death certificate is also placed on record. It is further contended that coordinate bench of this Court while allowing the leave to appeal has 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 order dated 29.11.2024 passed in Civil Application No.115 of 2024 is placed on record which is taken on record.
4. Learned advocate for the applicant has further relied upon the decision of the Division Bench of this Court dated 2.8.2021 in Civil Application No.1272 of 2021 and contended that the Civil Application filed by the applicants seeking application for condonation of delay in filing is not required in law. The said order is also placed on record which is taken on record. Hence, learned advocate for the applicant requested this Court to allow this application. No other submissions are made except the above.
5. Learned AGP for the respondents submitted that the application Page 2 of 3 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 22:27:41 IST 2025 NEUTRAL CITATION C/CA/903/2025 ORDER DATED: 14/07/2025 undefined has no merit and the applicants are not aggrieved by the judgment and decree. It is further submitted that the applicants have are not directly or indirectly affected by the impugned judgment and decree. Hence, the application may be rejected. No other submissions are made except the above.
6. Having heard the submissions of learned advocates for the respective parties and on perusal of the material placed on record, it appears that original applicant has expired after the passing of the impugned judgment and award and one of the legal heirs of the deceased claimant has also passed away before the death of original claimant, this application requires consideration. Under the circumstances, I am of the opinion that the application deserves to be allowed and the same is allowed accordingly. Direct Service is permitted. No order as to costs.
(D. M. DESAI,J) vk Page 3 of 3 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 22:27:41 IST 2025