Rambai Hajabhai Chavda vs State Of Gujarat
2022 Latest Caselaw 10104 Guj

       C/CA/3330/2022                                 ORDER DATED: 14/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 3330 of 2022

                         In F/FIRST APPEAL NO. 5723 of 2022

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                             RAMBAI HAJABHAI CHAVDA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR NITIN M AMIN(126) for the Applicant(s) No. 1,2,3,4,5,6
MR SANJAY M AMIN(130) for the Applicant(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 2,3
MS. NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 14/12/2022

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. Nitin Amin for the applicants and learned Assistant Government Pleader Ms. Nidhi Vyas for the respondents.

2. The Civil Application is to condone the delay of 2458 days, which has occassioned in preferring the First Appeal.

3. In addition to the grounds mentioned in the memorandum of the Civil Application seeking to explain the delay, it was pointed out that in the cognate appeals arising out of the same judgment, delay applications came to be granted by the co-ordinate bench of this court and delay was

C/CA/3330/2022 ORDER DATED: 14/12/2022

condoned. Copy of order dated 30.09.2022 was produced which provides that while condoning the delay, the co-ordinate bench has put the applicants to condition that they will not claim interest for the delayed period.

4. The position that in the cognate appeals delay is condoned, is the weighty reason to condone the delay to maintain the uniformity.

5. Sufficient cause can be said to have been made out from the averments made in the Civil Application as well as from the above aspects of delay having been condoned in the cognate appeals. The delay accordingly deserves to be condoned.

6. The delay of 2458 days is condoned, however, on the condition that the applicants-claimants shall not be entitled to claim interest in the event they succeeding in the appeal for the period of delay.

7. The Civil Application is allowed and disposed of accordingly.

(N.V.ANJARIA, J)

(SANDEEP N. BHATT,J) C.M. JOSHI