Legal Heirs Of Decd. Gobarsinh ... vs Valiuddinmiyan Sajiuddinmiyan ...
2022 Latest Caselaw 5041 Guj

     C/CA/589/2021                                ORDER DATED: 09/06/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 589 of 2021
                                     In
                       F/FIRST APPEAL NO. 4543 of 2021

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     LEGAL HEIRS OF DECD. GOBARSINH VIRBHANJI CHAUHAN
                           Versus
           VALIUDDINMIYAN SAJIUDDINMIYAN SAIYAD
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Appearance:
MR VISHAL C MEHTA(6152) for the Applicant(s) No. 1,1.1,1.2
MR NIRAV K PADHIYAR(5678) for the Respondent(s) No. 3
MS KARUNA V RAHEVAR(3818) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 4
SERVED BY PUBLICATION IN NEWS for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 09/06/2022

                                ORAL ORDER

1. This application has been filed seeking condonation of delay of 200 days caused in filing the main matter.

2. Learned advocate for the applicants submitted that the applicants are villagers and are financially very weak. The applicants were not aware about the further legal remedy available to them to challenge the impugned judgment and award and therefore, delay has occurred in filing the appeal.

3. Heard learned advocates on both the sides. Considering the averments made in the application and in view of the decision of Apex Court in Collector Land Acquisition, Anantnag & Anr. V. Mst. Katiji & Ors., AIR 1987 SC 1353, this Court is

C/CA/589/2021 ORDER DATED: 09/06/2022

of the view that sufficient cause has been shown by the applicants to condone the delay caused in filing the main matter. Hence, the application is allowed and the delay caused in filing the main matter is hereby condoned. The application stands disposed of accordingly. Rule is made absolute.

(GITA GOPI, J)

PRAVIN KARUNAN