State Of Gujarat vs Madhubhai Jodhabhai
2023 Latest Caselaw 2754 Guj

       C/CA/979/2021                                ORDER DATED: 03/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 979 of 2021

                       In F/FIRST APPEAL NO. 10994 of 2021

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                              STATE OF GUJARAT
                                    Versus
                             MADHUBHAI JODHABHAI
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Appearance:
MS SURBHI BHATI, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1,2
ABATED for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1.1,1.2,1.3,1.4,1.5,1.6,1.7,2
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 03/04/2023

                                  ORAL ORDER

1. Heard learned AGP Ms. Surbhi Bhati for the applicant-State.

Learned Advocate Ms. Isha Menpara submits that learned Advocate Mr.

Kunal Naik has instructions to appear for legal heirs of the deceased

claimant. As regards respondent no. 2 endorsement on the board shows

that the office of the said respondent is shifted. Considering that the

respondent no. 2 is the beneficiary body of the acquisition, the present

application is taken up without any reference to the respondent no. 2.

2. By way of this application, the applicants prays for condoning the

delay of 328 days which has occurred in preferring the first appeal

C/CA/979/2021 ORDER DATED: 03/04/2023

challenging the judgment and order dated 19.12.2018 passed by the

learned Principle Senior Civil Judge, Rajula in LRC No. 404 of 2017.

3. Considering the submissions made by learned AGP Ms. Bhati for

the applicant-State and having regard to the averments made on record,

sufficient cause having been made out for condoning the delay. The said

delay stands condoned. The application stands disposed of as allowed.

(NIKHIL S. KARIEL,J) Mrs. J. J. Kedia