Lh Of Patel Harjeebhai Valjibhai vs State Of Gujarat Through Dist ...
2022 Latest Caselaw 1850 Guj

      C/CA/235/2022                                ORDER DATED: 16/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 235 of 2022

                      In F/FIRST APPEAL NO. 3454 of 2021
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                  LH OF PATEL HARJEEBHAI VALJIBHAI
                               Versus
             STATE OF GUJARAT THROUGH DIST COLLECTOR
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No.
1,1.1,1.2,1.2.1,1.2.2,1.2.3
for the Respondent(s) No. 2
MR SOAHAM JOSHI, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                               Date : 16/02/2022

                                 ORAL ORDER

Heard Mr.Himanshu Suthar, learned advocate on behalf of Mr.Manish S.Shah, learned advocate for the applicants and Mr.Soaham Joshi, learned AGP for the respondents.

The present application under section 5 of the Limitation Act is preferred to condone the delay of 2621 days which has occurred in preferring First Appeal to assail the impugned judgment and award of the Reference Court.

Mr.Suthar, learned advocate for the applicant submits that in cognate appeal, the coordinate bench of this Court has condoned the delay of 2621 days by assigning detailed reasons. He further submits that in this application as well the applicants are ready and willing to file an undertaking on oath to indicate his readiness and willingness to forgo the interest for the period of delay. He submits that the applicants shall file an undertaking to this effect in the registry of this Court within a period of two weeks after this order is available.

C/CA/235/2022 ORDER DATED: 16/02/2022

Ms.Desai, learned AGP strongly opposes this application. As according to her submission, the delay is very huge. She submits that the cause which is shown in the present application for condoning delay is not sufficient cause and therefore, she urges that the delay may not be condoned.

I have considered the rival submissions of the learned advocate and learned AGP and perused the record.

The coordinate bench of this Court vide order dated 20.10.2021 has condoned delay of 2621 which has occurred in preferring the appeal to challenge similar award by assigning detailed reasons after considering the rival submissions of learned advocate for the applicant and learned AGP.

In view thereof, the delay which has occurred in the present application also needs to be condoned on condition of filing an undertaking on oath by the applicant expressing his willingness and readiness to forgo the interest for the period of delay.

In view of the above, present application is allowed. The delay which has occurred in preferring the appeal to assail the judgment and award of the Reference Court is hereby condoned on condition of the applicants filing an undertaking in the registry of this Court within two weeks of this order being made available to indicate his readiness and willingness to forgo the interest for the period of delay.

The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) H.M. PATHAN