Rabari Ishwarbhai Maljibhai ... vs Special Land Acquisition Officer
2021 Latest Caselaw 17709 Guj

     C/CA/990/2020                                ORDER DATED: 24/11/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 990 of 2020

                     In F/FIRST APPEAL NO. 3847 of 2020

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 RABARI ISHWARBHAI MALJIBHAI SINCE DECD THROUGH HIS HEIRS
                          Versus
             SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
MR MANRAJ BAROT, AGP for the Respondents-State
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 24/11/2021
                               ORAL ORDER

Heard learned advocates for the respective parties.

The present application under Section 5 of the Limitation Act is preferred to condone the delay of more than 1000 days, which has occurred in preferring the appeal to challenge the impugned judgment and order of the Reference Court.

Mr.Prajapati, learned advocate submits that the applicant has preferred the appeal on account of reasons stated in the application. He, therefore, urges that the delay may be condoned.

Mr.Manraj Barot, learned AGP submits that looking to the length of delay, the applicant may not be granted interest for the period of delay.

Considering the averments made in this application,

C/CA/990/2020 ORDER DATED: 24/11/2021

the delay is condoned. The question/issue of awarding interest for period of delay is kept open to be agitated at the time of hearing of the appeal. The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) ALI