Rajput Rasangbhai Kanjibhai vs Dy Collector Land Acquisition And ...
2021 Latest Caselaw 3710 Guj

           C/FA/4897/2020                                  IA ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2020
                   In F/FIRST APPEAL NO. 4897 of 2020
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RAJPUT RASANGBHAI KANJIBHAI Versus DY COLLECTOR LAND ACQUISITION AND REHABILIATION ========================================================== Appearance:

for the PETITIONER(s) No. MR VIRAL J DAVE for the PETITIONER(s) No. MS ASMITA PATEL, AGP for the Respondent (s) ==========================================================

CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

Date : 03/03/2021

IA ORDER

1. Rule. Learned AGP waives service of rule for the respondent- State.

2. This application is preferred for bringing the heirs and legal representatives of the original claimant-Rajput Rasangbhai Kanjibhai, who had filed Land Reference Case before the competent Court and it came to be determined on 11.05.2016. However, subsequent to that the original claimant passed away on 21.07.2019. The heirs and legal representatives of the original claimant wants to prefer appeal against the said judgment and order passed by the competent Court. The death of the original claimant, since, is subsequent to the passing of the decree, the heirs have preferred appeal and they have prayed for bringing themselves on record, as heirs and legal representatives of the original claimant. The challenge to the impugned judgment and award is also filed beyound the period of limitation, and therefore, a separate application for condonation of delay has also been preferred.

3. Considering the averments made in this application and the fact

C/FA/4897/2020 IA ORDER

that the original claimant has passed away subsequent to the passing of the impugned judgment and award by the Reference Court, this application is ALLOWED.

3.1 The applicants are ORDERED to be joined as party applicants- appellants, as heirs and legal representatives of the deceased original claimant- Rajput Rasangbhai Kanjibhai in the First Appeal and also in the application for condonation of delay.

4. Learned Advocate, Mr. Dave, shall supply the FRESH MEMO of the First Appeal as well as the Civil Application for condonation of delay to the Registry, FORTHWITH. Rule is made absolute, accordingly.

(UMESH A. TRIVEDI, J) UMESH/-