Gujarat High Court
Shree Samuh Kheti Sahakari Mandli Nana ... vs State Of Gujarat on 16 October, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/4981/2025 ORDER DATED: 16/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4981 of
2025
In F/CROSS OBJECTION NO. 18613 of 2025
With
F/CROSS OBJECTION NO. 18613 of 2025
In
R/FIRST APPEAL NO. 653 of 2025
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SHREE SAMUH KHETI SAHAKARI MANDLI NANA GUJARIA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NITIN M AMIN(126) for the Applicant(s) No. 1
MR SANJAY M AMIN(130) for the Applicant(s) No. 1
MR SHIVAM DIXIT ASST. 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 : 16/10/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) ORDER in R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4981 of 2025 in F/CROSS OBJECTION NO. 18613 of 2025:
1. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 68 days in filing the Cross Objection in First Appeal No.653 of 2025, which is preferred against the Page 1 of 4 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 03:20:34 IST 2025 NEUTRAL CITATION C/CA/4981/2025 ORDER DATED: 16/10/2025 undefined judgment and award dated 27.05.2024 passed by the learned 3rd Additional Senior Civil Judge, Junagadh in LRC No.28 of 2004.
2. It is reported that the advance copy is served upon respondent nos.1 and 2 and learned AGP Mr. Shivam Dixit for respondent nos.1 and 2 has appeared.
3. Learned advocate has drawn attention of this Court to the contents of para nos.3 and 4 of the application, wherein it stated that the Reference Court delivered its judgment in 2022, and compensation was deposited in June 2023 and disbursed around Diwali 2023 by the Reference Court, however, it is stated that the applicant has received lesser compensation. Thereafter, upon receiving notice in September/October 2024 regarding the Appeal filed by the present respondent - State, despite the financial hardship, they have somehow managed to pay the court fees to prefer Cross Objection to the Appeal filed by the respondent - State and thus, the delay of 68 Page 2 of 4 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 03:20:34 IST 2025 NEUTRAL CITATION C/CA/4981/2025 ORDER DATED: 16/10/2025 undefined days in preferring the Cross Objection in First Appeal was occurred.
4. Therefore, learned advocate has drawn attention of this Court to the reasons for which delay has occurred.
5. Learned AGP for the respondent nos.1 and 2 formally opposes the grant of application.
6. Considering the aforesaid, particularly, period of 68 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
7. Considering the submissions and the contents of the para mentioned herein above, the delay is also explained sufficiently.
8. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term "Sufficient Page 3 of 4 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 03:20:34 IST 2025 NEUTRAL CITATION C/CA/4981/2025 ORDER DATED: 16/10/2025 undefined Cause" was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.
9. In view of the aforesaid, the present application for condonation of delay is allowed. The delay of 68 days caused in preferring the Cross Objection in First Appeal No.653 of 2025 which is preferred against the judgment and award dated 27.05.2024 passed by the learned 3rd Additional Senior Civil Judge, Junagadh in LRC No.28 of 2004 is hereby condoned. Rule is made absolute to the aforesaid extent. Registry is directed to list the main appeal in due course.
ORDER in F/CROSS OBJECTION NO. 18613 of 2025 in R/FIRST APPEAL NO. 653 of 2025:
Admitted. It is submitted that the Cross-Objection is arising out of the proceedings of acquisition of same village, which have already been admitted. To be heard along with First Appeal No.653 of 2025.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) JIGAR J RABARI Page 4 of 4 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 03:20:34 IST 2025