Special Land Acquisition Officer vs Ranvirsinh Jalambhai Gohil
2021 Latest Caselaw 12799 Guj

      C/FA/42947/2019                                IA ORDER DATED: 27/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     CIVIL APPLICATION (FOR SET ASIDE ABATEMENT) NO. 1 of 2021
                   In F/FIRST APPEAL NO. 42947 of 2019
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SPECIAL LAND ACQUISITION OFFICER Versus RANVIRSINH JALAMBHAI GOHIL ========================================================== Appearance:

MS. DIVYANGNA JHALA, ASSISTANT GOVERNMENT PLEADER for the PETITIONER(s) No. for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 27/08/2021

IA ORDER

Heard learned advocate Ms. Divyangna Jhala for the applicants and learned advocate Mr. A. V. Prajapati for the respondents.

2. What is prayed in this civil application is to set aside the abatement. It is stated that civil application was preferred by the applicants for bringing heirs of the deceased opponent in the First Appeal. Since the said application was not filed within the limitation, the appeal stood abated as per the provisions of Order XXII Rule 4(3) of the Code of Civil Procedure, 1908.

3. It is stated that during the pendency of the First Appeal, it was noticed for the first time that the sole opponent - the original claimant in the Land Reference Case died on 15.2.2012 which was prior to the date of judgment and award of the Reference Court impugned in the First Appeal. It is stated that the fact of death of the original claimant was not revealed till the appellant sought to serve the notice issued by this court in the First Appeal.

C/FA/42947/2019 IA ORDER DATED: 27/08/2021

4. In the facts and circumstances of the case, the abatement of the First Appeal for want of filling of the application to bring on record the legal heirs, is required to be set aside.

5. Accordingly, abatement of the appeal is set aside. Civil Application stands disposed of accordingly.

It will be open for the Registry to list the civil application for bringing legal heirs of the deceased appellant.

(N.V.ANJARIA, J) C.M. JOSHI