Thakor Kapurji Galalji Since Decd ... vs Deputy Collector
2021 Latest Caselaw 6127 Guj

       C/FA/9601/2021                               IA ORDER DATED: 16/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2021
                    In F/FIRST APPEAL NO. 9601 of 2021
==========================================================

THAKOR KAPURJI GALALJI SINCE DECD THROUGH HEIRS Versus DEPUTY COLLECTOR ========================================================== Appearance:

MR AV PRAJAPATI for the PETITIONER(s) No. MS. NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 16/06/2021

IA ORDER

In the facts of the case and having regard to the consent and request of learned advocates appearing for the parties, the application was taken up for final consideration.

1.1 Rule, returnable forthwith. Learned Assistant Government Pleader Ms. Nidhi Vyas waives service of Rule on behalf of the respondent State.

2. Heard learned advocate Mr. A. V. Prajapati for the applicants and learned Assistant Government Pleader.

3. This application is filed to condone the delay of 200 days in filling the civil application to bring on record the heirs of original claimant Thakor Kapurji Galaji. It was stated that judgment and award of the Land Reference court was delivered in the year 2009, however, the compensation was deposited in the year 2018 by the authorities. Having knew that in respect of adjacent land, higher compensation was awarded, the applicant could manage the funds to prefer the appeal till the compensation was deposited.

C/FA/9601/2021 IA ORDER DATED: 16/06/2021

4. The original claimant died on 23.6.2019 subsequent to passing of the judgment and award of the Reference court. Therefore present application came to be filed for bringing the heirs on record.

5. Delay is properly explained. Liberal approach is to be adopted in the matter of condoning the delay in the application for bringing the heirs on record in the pending proceedings.

6. Sufficient cause is made out. The application is granted by condoning the delay of 200 days in filling the civil application for bringing the legal heirs of original claimant Thakor Kapurji Galaji. Rule is made absolute.

7. The Registry may list the application for bringing the heirs on record.

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