State Of Gujarat vs Heirs Of Decd Ramjibhai ...
2022 Latest Caselaw 10105 Guj

     C/CA/2454/2022                                ORDER DATED: 14/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2454 of 2022
                       In F/FIRST APPEAL NO. 14638 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2456 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2605 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2606 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2607 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2609 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2610 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2612 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2614 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2615 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2617 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2618 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2620 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2608 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2613 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2616 of 2022
                                      With
                      R/CIVIL APPLICATION NO. 2619 of 2022
==========================================================
                        STATE OF GUJARAT
                              Versus
            HEIRS OF DECD RAMJIBHAI MEGHJIBHAI KORIYA
==========================================================
Appearance:
MS NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1,2
MR NITIN AMIN, for the Respondent(s)-original claimants.
==========================================================



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       C/CA/2454/2022                                       ORDER DATED: 14/12/2022




 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 14/12/2022

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE SANDEEP N. BHATT)

Heard learned Assistant Government Pleader

Ms.Nidhi Vyas for the applicant(s) - State and learned

advocate Mr.Nitin Amin for the opponent(s).

2. These Civil Applications are filed praying to

condone the delay of 720 days, which has taken place in

filing the First Appeals which are filed against the

common judgment and award passed in Land Reference th Case Nos.56 to 75 of 2013 dated 28.2.2018 by the 4

Additional Senior Civil Judge, Junagadh.

3. Considering the grounds mentioned in the Civil

Applications, more particularly paragraph nos.5 to 17

thereof, it seems that delay is a procedural delay and

not intentional, and further having regard to the

principle that the parties should not be ousted on

technical ground and should have been granted

opportunity to contest the case on merits, the delay

C/CA/2454/2022 ORDER DATED: 14/12/2022

deserves to be condoned.

4. Accordingly, the delay is condoned, however, on

the condition of paying cost of Rs.500/- qua each

application, to be paid to the Gujarat High Court Legal

Aid Committee.

5. All these Civil Applications are allowed. Rule

is made absolute accordingly.

(N.V.ANJARIA, J)

(SANDEEP N. BHATT,J) SRILATHA