General Manager Oil And Natural ... vs Thakor Kalaji Chaturji ...
2022 Latest Caselaw 6552 Guj

      C/FA/4001/2021                                ORDER DATED: 21/07/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 4001 of 2021
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                    In R/FIRST APPEAL NO. 4001 of 2021
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     GENERAL MANAGER OIL AND NATURAL GAS CORPORATION LTD
                            Versus
              THAKOR KALAJI CHATURJI RANCHHODJI
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Appearance:
MR AKSHAT KHARE(5912) for the Appellant(s) No. 1
MRS SUMAN KHARE(2226) for the Appellant(s) No. 1
MR. MANRAJ BAROT, AGP for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                Date : 21/07/2022

                                  ORAL ORDER

ORDER IN FIRST APPEAL NO. 4001 of 2021.

1. In this First Appeal, challenge made by the appellant is the common judgment and order dated 29.4.2019 passed by the learned Principal Senior Civil Judge, Kalol, Gandhinagar wherein, the amount of additional compensation involved in present appeal is very small quantum i.e. Rs. 1,17,162/-.

2. Looking to the findings of fact recorded by the learned Court, the amount of additional compensation is very small in quantum. Therefore, it will not be appropriate to entertain this first appeal.

3. Accordingly, the first appeal is dismissed only on the ground of small quantum of amount.

4. It is made clear that the first appeal is dismissed on

C/FA/4001/2021 ORDER DATED: 21/07/2022

account of small quantum of the amount and the order passed by this Court shall not be treated as precedent so as to say that this Court has decided any issue on merits. The whole purpose to dismiss the appeal on account of small quantum of amount is with a view to avoid hardship both physically and financially on the part of the original claimant to appear and defend the case. Therefore, this order shall not be cited as precedent in any pending matters before any Court in the State of Gujarat.

5. It is made clear that the contentions raised in this First Appeal are kept open to be agitated in appropriate proceedings.

ORDER IN CIVIL APPLICATION NO. 1 OF 2020

In view of the order passed in the main matter i.e. First Appeal No. 4001 of 2021, present application does not survive and stands disposed of accordingly. Interim relief if any granted earlier stands vacated.

(ANIRUDDHA P. MAYEE, J.) BEENA SHAH