Deputy Collector vs Lalabhai Somabhai Malivad
2021 Latest Caselaw 1782 Guj

               C/CA/1020/2020                               ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                       R/CIVILAPPLICATIONNO. 1020of 2020

                        In F/FIRSTAPPEALNO. 43144of 2019

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                                DEPUTYCOLLECTOR
                                     Versus
                            LALABHAISOMABHAIMALIVAD
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Appearance:
MR. BHARATVYAS,ASSISTANTGOVERNMENTPLEADER(1)for the Applicant(s)No. 1,2,3
MRVIJAYN RAVAL(2025)for the Respondent(s)No. 1
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 CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                 Date: 05/02/2021

                                  ORALORDER

1 Heard Mr.Bharat Vyas, learned Assistant Government Pleader

for the applicant - State and Mr.Vijay Raval, learned advocate for

the respondent.

2 This is an application for condonation of delay of 753 days in

filing the first appeal. Mr.Vijay Raval, learned counsel appearing for

the respondent has filed an affidavit in reply and submitted that no

plausible explanation for condonation of delay has been made.

Moreover, on merits also he would submit that the reference court

has relied on Reference Case No. 364 of 2009 and based on that

award, the judgment impugned has been passed.

3     Considering the memo of the application and the reply, the




               C/CA/1020/2020                      ORDER

delay of 753 days that has so occurred in filing the first appeal is

hereby condoned. Rule made absolute, accordingly.

First Appeal being F.A No. 43144 of 2019 to come up for

admission hearing on 23.02.2021.

(BIRENVAISHNAV,J) BIMAL