Padhiyar Mulu Parbat Since Decd ... vs State Of Gujarat
2021 Latest Caselaw 16812 Guj

     C/CA/1541/2021                            ORDER DATED: 26/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/CIVIL APPLICATION NO. 1541 of 2021
                  In F/FIRST APPEAL NO. 25661 of 2019

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          PADHIYAR MULU PARBAT SINCE DECD THROUGH LH
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1,2
MR SHIVAM DIXIT, AGP for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                          Date : 26/10/2021

                            ORAL ORDER

1. The present Civil Application is preferred by the applicant for condonation of delay of 2931 days in preferring First Appeal.

2. Heard learned advocate Mr. Kunal S. Shah for the applicant and learned AGP Mr. Shivam Dixit for the respondent-State.

3. It is submitted by the learned advocate Mr.Kunal S. Shah for the applicant that another group of First Appeals arising out of the very same judgment and order is already on the board and in those matters also, the application for condonation of delay of more than 2000 days were preferred and Co-ordinate Bench of this Court vide order dated 28.11.2019 was pleased to condone the delay in preferring the First Appeal.

C/CA/1541/2021 ORDER DATED: 26/10/2021

4. He further submits that there are four First Appeals, which were also filed alongwith those group of First Appeals. However, since the appellant had expired because of the process of bringing legal heirs on record some time was taken and therefore, four persons were left out. He accordingly, draws the attention of this Court to the order at Annexure-1 to this application, whereby the Co-ordinate Bench of this Court vide order dated 28.11.2019 in Civil Application No. 2649 of 2019 and allied matters condoned the delay of more than 2000 days in preferring respective First Appeals.

5. The aforesaid facts has not been disputed by the learned AGP Mr.Shivam Dixit for the respondent-State.

6. Hence, considering the fact that the condonation of delay application in respect of other First Appeals arising out of the same order and judgment in those applications, delay has already been condoned and those are listed for hearing today. The delay of 2931 days deserves to be condoned and the same is accordingly condoned. The application for condonation of delay is allowed.

(NIRZAR S. DESAI,J) KUMAR ALOK