Lakhabhai Virabhai vs State Of Gujarat
2021 Latest Caselaw 13134 Guj

     C/CA/872/2021                                      ORDER DATED: 01/09/2021


          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 872 of 2021
                      In F/FIRST APPEAL NO. 9571 of 2021
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                             LAKHABHAI VIRABHAI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR GM AMIN(124) for the Applicant(s) No. 1
MS SHALU P RAVAL(9847) for the Applicant(s) No. 1
MS DIVYANGNA JHALA, AGP (99) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2,3
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                             Date : 01/09/2021

                                ORAL ORDER

Heard learned advocate Mr.G.M. Amin for the applicant and learned Assistant Government Pleader Ms.Divyangna Jhala for the respondent-State.

2. What is prayed in this Civil Application is to condone delay of 361 days. Delay has occurred in preferring First Appeal by the applicant-claimant against judgment and award in Land Reference Case No.631 of 2017 dated 26th February, 2019 passed by learned Principal Senior Civil Judge, Rajula, District Amreli.

3. It is stated that after delivery of judgment and award, the applicant could not take steps to file appeal as he has been residing in a small remote village and had no idea of filing appeal. It was stated that compensation awarded by the Reference Court was also not deposited which was also a factor as the applicant could not arrange for money for legal expenses.

C/CA/872/2021 ORDER DATED: 01/09/2021

3.1 It is stated that thereafter period of COVID-19 pandemic intervened and all the affairs in the society had virtually standstill. It was submitted that in such circumstances, delay has taken place.

4. In the totality of the facts, it could not be said that the passage of time has been attributable to any negligence or deliberate action on part of the applicant. Instead of ousting the applicant from contesting his case on merits on technical ground, as the ground is bona fide making sufficient cause, delay deserves to be condoned.

5. Accordingly, delay of 261 days is condoned. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) ANUP