Gujarat High Court
Ismail Bachubhai (Expired) Alias ... vs State Of Gujarat on 4 November, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2983/2025 ORDER DATED: 04/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2983 of
2025
In R/FIRST APPEAL NO. 4028 of 2025
With
R/FIRST APPEAL NO. 4028 of 2025
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ISMAIL BACHUBHAI (EXPIRED) ALIAS ISHABHAI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS SWEETY SAMARA ASST. GOVERNMENT PLEADER, MR
KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4,5
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5
GOVERNMENT PLEADER for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 04/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) Order under Civil Application-
1. This application is filed for condoning delay of 4117 days, which has occurred in preferring the appeal against judgment and award dated 20.07.2013 in the Land Acquisition Reference Case No.168 of 2002, in a group of references being LAR No.163 of 2002 to 170 of 2002. The award was declared by the Principal Senior Civil Judge, Amreli.
2. Learned advocate for the applicant submitted that the delay occurred on account of the fact that the Page 1 of 4 Uploaded by RIYA VISHWAKARMA(HC02365) on Tue Nov 11 2025 Downloaded on : Tue Nov 11 20:42:35 IST 2025 NEUTRAL CITATION C/CA/2983/2025 ORDER DATED: 04/11/2025 undefined applicants were not aware of the reference proceedings being disposed of, as the reference on behalf of the applicants were being handled by the other claimants whose appeals were preferred in time and as on date other appeals which were filed with delay which was condoned and the appeal stands admitted and pending for final disposal.
3. Learned advocate has thereafter, drawn attention of this Court to the additional affidavit filed by the claimant as per the order dated 15.07.2025 and has drawn our attention to the averments made therein. Amongst the other averments made on affidavit, it is also stated that even the original claimant, in the Interregnum period, had expired and the applicants herein were not aware as to which of the other claimants are taking care of the reference proceedings.
4. Learned advocate has made a statement at bar under instructions that the claimants will not claim any interest on the delayed payment as the delay is of a substantial period.
5. Learned AGP has objected to the grant of the application for condonation of delay in submitting that the delay is of a substantial period and as the acquisition is from the same village, the other claimants had approached this Court wellh in time, whereas there is no reason for which the appellant has Page 2 of 4 Uploaded by RIYA VISHWAKARMA(HC02365) on Tue Nov 11 2025 Downloaded on : Tue Nov 11 20:42:35 IST 2025 NEUTRAL CITATION C/CA/2983/2025 ORDER DATED: 04/11/2025 undefined stated in the affidavit for delay on his part.
6. Having heard learned advocate for the parties and having perused the documents on record, the application and the appeal is arising out of the common judgment and order rendered by the Principal Senior Civil Judge, Amreli in Land Reference No.163 of 2002 to 170 of 2002. Reportedly, the other claimants of the references have already approached this Court, and this Court by filing First Appeal No. 4440 of 2023 and allied matters which was also filed with delay, and delay in such appeals have been condoned and thereafter, by an order dated 18.01.2024, the appeals of the co-claimants have already been admitted by this Court.
7. In view of the aforesaid facts situation the application as well as the additional affidavit sufficiently explains the delay of the substantial period. The Court deems it fit to construe the same liberally and condone the same. Accordingly, application is allowed and delay is condoned.
Order under First Appeal-
The appeal is preferred against judgment and award dated 20.07.2013. It is the part of the group of reference being LAR No. 163 of 2002 to 170 of 2002. Reportedly, the appeals against the other reference by the co-claimants have been admitted by order dated Page 3 of 4 Uploaded by RIYA VISHWAKARMA(HC02365) on Tue Nov 11 2025 Downloaded on : Tue Nov 11 20:42:35 IST 2025 NEUTRAL CITATION C/CA/2983/2025 ORDER DATED: 04/11/2025 undefined 18.01.2024 and hence, the present appeal also needs to be admitted. As this Court has passed a separate order in condoning the delay the Registry is directed to number the appeal separately. The appeal stands admitted to be heard with First Appeal No. 4440 of 2023.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) RIYA VISHWAKARMA Page 4 of 4 Uploaded by RIYA VISHWAKARMA(HC02365) on Tue Nov 11 2025 Downloaded on : Tue Nov 11 20:42:35 IST 2025