Gita Prakash Jivani vs State Of Gujarat
2023 Latest Caselaw 5526 Guj

                                                                                       NEUTRAL CITATION




      C/CA/702/2023                                   ORDER DATED: 01/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 702 of 2023

                       In F/FIRST APPEAL NO. 11326 of 2021

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                              GITA PRAKASH JIVANI
                                     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
MS TANUSHREE SHRIMAL, 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 this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay of 280 days caused in filing the captioned First Appeal against the Judgment dated 24.12.2018 and Decree dated 11.03.2019 passed in the Land Acquisition Reference (LAR) Case No.45/2007 in group LAR No.43/2007 to 46/2007 (main LAR No.22/2007) by the learned Principal Senior Civil Judge, Dhoraji.

2. Heard learned advocate Mr.Tejas P. Satta for the applicant and learned Assistant

NEUTRAL CITATION

C/CA/702/2023 ORDER DATED: 01/08/2023

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Government Pleader Ms.Tanushree Shrimal for the respondent No.1.

3. Rule, returnable forthwith. Learned Assistant Government Pleader Ms.Tanushree Shrimal waives service of notice of rule for the respondent No.1.

4. Learned advocate Mr.Tejas Satta submitted that the claimant would waive the interest for the period of delay caused in filing this Appeal 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 application, the Court is of the view that the delay caused in filing the First Appeal has been sufficiently explained.

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

NEUTRAL CITATION

C/CA/702/2023 ORDER DATED: 01/08/2023

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that the delay caused in filing the First Appeal deserves to be condoned.

7. The application, therefore, succeeds and is, accordingly, allowed on condition that the applicant shall waive the claim of interest for the period of delay caused in preferring the First Appeal on enhanced amount of award if any. The delay caused in filing the First Appeal is hereby condoned. Rule is made absolute accordingly with no order as to costs.

(BHARGAV D. KARIA, J) URIL RANA