State Of Gujarat vs Jivuben Samatbhai
2022 Latest Caselaw 10319 Guj

     C/CA/1080/2021                                ORDER DATED: 22/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1080 of 2021

                      In F/FIRST APPEAL NO. 10970 of 2021

                                     With
                      R/CIVIL APPLICATION NO. 1081 of 2021
==========================================================
                              STATE OF GUJARAT
                                    Versus
                              JIVUBEN SAMATBHAI
==========================================================
Appearance:
MR AKASH CHHAYA, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1,2
DELETED for the Respondent(s) No. 1
MS ARCHANA U AMIN(2462) for the Respondent(s) No. 8
RULE SERVED for the Respondent(s) No. 2,3,4,5,6,7
==========================================================

 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                               Date : 22/12/2022
                             COMMON ORAL ORDER

1. Mr Akash Chhaya, learned Assistant Government Pleader, submitted that by these applications, the applicants have prayed for condoning the delay of 329 days caused in filing the captioned first appeals. It is submitted that after passing of the judgment, steps were taken for applying the certified copies; obtaining the legal opinion and sending the proposal to the revenue department. Owing to Covid-19 pandemic, some time got consumed and it is only somewhere in the month of August 2022, legal department has accorded its approval to file the appeals and thereafter, the office of the Government Pleader was approached who, had called for certain papers which, were provided. Thereafter, some time got consumed in preparing, drafting and finalizing the appeals and the same came to be filed which, has caused the delay of 329 days. It is urged that

C/CA/1080/2021 ORDER DATED: 22/12/2022

the delay be condoned.

2. This Court, has issued the Rule on 5.7.2021, making it returnable on 25.8.2021 which, have been served to the respondents except respondent no.1 who, was reported to have passed away. This Court, vide order dated 29.9.2022, directed deletion of the respondent no.1 from the array of the parties. Though served, respondents have chosen not to enter appearance, except respondent no.8.

3. Having regard to the averments made in the applications so also the oral submissions and the fact that the applications, have remained uncontested, this Court, is of the opinion that the delay deserves to be condoned. Also, sufficient explanation has been offered in support of the delay. Therefore, the applications deserve to be allowed and are accordingly allowed in terms of paragraph 9(A). Delay of 329 days caused in preferring captioned first appeals is hereby condoned. Rule is made absolute. No order as to costs.

(SANGEETA K. VISHEN,J) RAVI P. PATEL