Gujarat High Court
The State Of Gujarat vs Ghulam Hussenwala Hatimbhai ... on 22 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/660/2025 ORDER DATED: 22/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 660 of
2025
In F/FIRST APPEAL NO. 36106 of 2024
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THE STATE OF GUJARAT & ORS.
Versus
GHULAM HUSSENWALA HATIMBHAI FAJLEHUSEN & ANR.
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Appearance:
MS. SWEETY SAMARA, AGP for the Applicant(s) No. 1,2,3
RULE SERVED 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 : 22/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 855 days in preferring the appeal against the judgment and award dated 20.12.2021 passed by the learned Principal Senior Civil Judge, Godhra in LAR No.353 of 2013 and 354 of 2013.
2. The First Appeal is preferred against the judgment and award wherein the acquisition was for acquiring the land for the purpose of approach route to the Government Polytechnic College at Godhra.
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3. The appeal is preferred with delay of 855 days, wherein in the pleadings itself, delay has been explained in Para-5 and 6 of the application for delay condonation. Reasons for delay have been substantiated by Additional Affidavit of Deputy Executive Engineer, R&B Sub-division, Godhra, wherein day to day delay has been sought to be explained.
4. This Court has issued Rule under order dated 18-06-2025. The Court having found that State Government has explained delay and the same has been substantiated by Additional Affidavit, which is not controverted by any other pleadings on behalf of respondent. Considering the aforesaid, particularly, period of 855 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
5. Considering the submissions and the contents of the para mentioned hereinabove, the delay is also explained sufficiently.
6. A reference in this regard may be made to the judgment of the Supreme Court in case of State Of Haryana vs Chandra Mani reported in 1996 SCC (3) 132.
7. In view of the aforesaid, the application is allowed. Rule is made absolute to the aforesaid extent. The delay of 855 days in preferring the appeal against the judgment and award dated 20.12.2021 passed by the learned Principal Senior Civil Judge, Page 2 of 3 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Sep 23 2025 Downloaded on : Tue Sep 23 23:38:49 IST 2025 NEUTRAL CITATION C/CA/660/2025 ORDER DATED: 22/09/2025 undefined Godhra in LAR No.353 of 2013 and 354 of 2013 is hereby condoned. Registry is directed to list the main appeal in due course.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) PARESH SOMPURA Page 3 of 3 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Sep 23 2025 Downloaded on : Tue Sep 23 23:38:49 IST 2025