Gujarat High Court
Bhojabhai Shamalbhai vs State Of Gujarat on 19 July, 2022
Bench: Aniruddha P. Mayee
C/FA/4144/2021 ORDER DATED: 19/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4144 of 2021
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BHOJABHAI SHAMALBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MS ASMITA PATEL AGP for the Defendant(s) No. 1, 2, 3
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 19/07/2022
ORAL ORDER
It is submitted by learned advocate Mr. Tejas P. Satta
appearing on behalf of the appellant that the present First
Appeal challenges the common impugned judgment and order in
L.R.C. Nos.155 of 2007 to 158 of 2007 which came to be
disposed of on 30.6.2018. The present First Appeal arises out of
L.A.R. No.156 of 2007. He submits that L.A.R.No.157 of 2007
was challenged by way of First Appeal No.4137 of 2021 which
came to be disposed of on 4.2.2022. He, therefore, submits that
the present First Appeal may also be disposed of in view of the
order dated 4.2.2022 since both the L.A.Rs. arise out of common
impugned judgment and order.
2. Ms. Asmita Patel, learned AGP for the respondents, could
not dispute the said position. She has also stated that the First
Appeal No.4137 of 2021 which came to be disposed of by this
Court on 4.2.2022 had arisen out of the same common
impugned judgment and order as in the present case.
C/FA/4144/2021 ORDER DATED: 19/07/2022
3. Heard learned counsels for the parties.
4. This Court in First Appeal No.4137 of 2021 vide order
dated 4.2.2022 has remanded the matter back to the learned
reference Court for fresh consideration in accordance with law
with a liberty in favour of the appellant and respondents to
adduce oral and documentary evidence. The said order has also
quashed and set aside the common impugned judgment and
award dated 30.6.2018 in L.A.R.No.157 of 2007.
4.1 In view of the order dated 4.2.2022 in First Appeal No.4137
of 2021, the present First Appeal stands allowed. The impugned
common judgment and award dated 30.6.2018 passed by the
learned Principal Senior Civil Judge, Jamnagar in L.A.R. No.156
of 2007 impugned herein is quashed and set aside. The matter is
remanded back to the learned reference Court for fresh
consideration in accordance with law with liberty in favour of the
appellant and respondents to adduce oral as well as
documentary evidence.
4.2 The reference Court is directed to decide the reference case
as expeditiously as possible, but not later than 31.12.2022.
4.3 Parties are directed to cooperate with the reference Court
in disposing of the reference within aforesaid time line.
Accordingly, First Appeal stands disposed of. No order as to
costs.
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
