Hirabhai Lakhamanbhai Baldaniya vs State Of Gujarat
2023 Latest Caselaw 5525 Guj

                                                                                       NEUTRAL CITATION




     C/CA/712/2023                                    ORDER DATED: 01/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 712 of 2023

                     In F/FIRST APPEAL NO. 25181 of 2021

                                    With
                     R/CIVIL APPLICATION NO. 714 of 2023
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                     HIRABHAI LAKHAMANBHAI BALDANIYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR KURVEN DESAI, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                              Date : 01/08/2023

                                ORAL ORDER

1.By these applications under section 5 of the Limitation Act, 1963, the applicant seek condonation of delay of 453 days in filing captioned First Appeals against the impugned Judgment dated 17.09.2018 and Decree dated 04.10.2018 passed in L.A.R. Nos.18/2012 and 17/2012 in group LAR Nos.1/2012 to 23/2012 passed by the learned Principal Senior Civil Judge, Dhoraji.

2.Heard learned advocate Mr. Tejas Satta for

NEUTRAL CITATION

C/CA/712/2023 ORDER DATED: 01/08/2023

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the applicants and learned Assistant Government Pleader Mr.Kurven Desai for the respondent-State.

3.Rule, returnable forthwith. Learned Assistant Government Pleader Mr.Kurven Desai waives service of notice of rule for the respondent- State.

4.Learned advocate Mr. Tajas Satta submitted that the claimants would waive the interest for the period of delay caused in filing the Appeals on the amount if any enhanced.

5.Having regard to the submissions advanced by the learned advocates for the respective parties and more particularly considering the averments made in the memorandum of applications, the Court is of the view that the delay caused in filing the First Appeals has been sufficiently explained.

6.In view of the submission made by learned advocate Mr. Tejas Satta for the applicants to the effect that the claimants would waive the interest for the period of delay caused in filing the appeals, the Court is of the view that the delay caused in filing the

NEUTRAL CITATION

C/CA/712/2023 ORDER DATED: 01/08/2023

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First Appeals deserve to be condoned.

7.The applications, therefore, succeeds and are, accordingly, allowed on condition that the applicants shall waive the claim of interest for the period of delay in preferring the First Appeals. The delay caused in filing the First Appeals are hereby condoned. Rule is made absolute accordingly with no order as to costs. A copy of this order be placed in each matter.

(BHARGAV D. KARIA, J) URIL RANA