Ahmad Isak Bhana Since Decd ... vs State Of Gujarat
2022 Latest Caselaw 2609 Guj

     C/CA/196/2022                               ORDER DATED: 08/03/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 196 of 2022
            In F/LETTERS PATENT APPEAL NO. 2764 of 2022
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             AHMAD ISAK BHANA SINCE DECD THROUGH LH
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR MANAN A SHAH(5412) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4
for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                           Date : 08/03/2022
                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

By way of present application under Section 5 of the Limitation Act, the applicants - original appellants-petitioners have prayed to condone the delay of 5440 days in preferring the Letters Patent Appeal under clause 15 of the Letters Patent by which legality and validity of an oral judgment dated 24.03.2005 passed by the learned Single Judge in Special Civil Application No. 2764 of 2022 is challenged.

2. It is the case of the applicants that applicant No.1.1 - Memuna, widow of Ahmad Isak Adam Bhana was taking care of the litigation and she expired on 24.10.1999 and thereafter, the legal heirs came to know about the decision rendered by learned Single Judge dismissing the petition only when the applicants found a notice dated 30.06.2021 issued by Mamlatdar & ALT, Mangrol affixed on the notice board of Village Panchayat office. It is also the case that one of the legal heirs suffered heart problem in the year 2005.

C/CA/196/2022 ORDER DATED: 08/03/2022

3. We have gone through the contents and the reasons stated in paragraph 3 of the application. We are of the opinion that we do not find any reason to condone the unreasonable and unexplained delay of 5440 days in preferring the Letters Patent Appeal. Hence, the application is dismissed.

(A.J.DESAI, J)

(ANIRUDDHA P. MAYEE, J.)

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