Deputy Chief Engineer Surveyor ... vs Kankuben Wd/O Maganbhai ...
2021 Latest Caselaw 1301 Guj

          C/FA/33672/2018                             IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018
              In F/FIRST APPEAL NO. 33672 of 2018
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DEPUTY CHIEF ENGINEER SURVEYOR AND CONSTRUCTION Versus MANHARBHAI MAGANBHAI ========================================================== Appearance:

for the PETITIONER(s) No. MR RAVI KARNAVAT for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 28/01/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Ravi Karnavat for the applicant.

2. Rule is served on the respondents. None has chosen to appear.

3. It is to condone the delay of 36 days occurred in preferring the First Appeal against the judgment and decree dated 9.4.2019 passed by learned 12th Additional Senior Civil Judge, Surat in Land Acquisition Reference No.95 of 1996, that the present application is filed.

4. The judgment and order came to be passed on 30.3.2018 and the decree was passed on 2.6.2018. The certified copy of judgment was applied on 19.4.2018 and the same was delivered

C/FA/33672/2018 IA ORDER

on 11.6.2018. It is stated that file was submitted to the advocate for legal opinion. Thereafter, the procedure was required to be followed by the applicant authority.

5. Since the applicant is a authority, consumption of time is inherent in decisional process, as it is required to follow the procedure before reaching its final decision to prefer the appeal.

6. Sufficient cause is made out to condone the delay. Therefore delay of 36 days caused in preferring the First Appeal is condoned.

7. This application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi