Josnaben Jivrajbhai W/O ... vs State Of Gujarat
2023 Latest Caselaw 5561 Guj

                                                                                   NEUTRAL CITATION




     C/CA/740/2023                                ORDER DATED: 02/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                     R/CIVIL APPLICATION NO. 740 of 2023
                                     In
                      F/FIRST APPEAL NO. 18516 of 2023

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             JOSNABEN JIVRAJBHAI W/O JENTIBHAI BHIMANI
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR NITIN M AMIN(126) for the Applicant(s) No. 1,2,3,4,5
MR SANJAY M AMIN(130) for the Applicant(s) No. 1,2,3,4,5
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 : 02/08/2023
                               ORAL ORDER

1. By this application under section 5 of the Limitation Act,

1963, the applicant seeks condonation of delay of 1204 days

caused in filing the captioned First Appeal against the

judgment and decree dated 30.12.2017 passed in the Land

Reference Case No.246/2006 by the learned 3rd Additional

Senior Civil Judge, Junagadh.

NEUTRAL CITATION

C/CA/740/2023 ORDER DATED: 02/08/2023

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2. Heard learned advocate Mr.Nitin Amin for the applicant and

learned Assistant Government Pleader Mr. Kurven Desai for

the respondent No.1.

3. Rule, returnable forthwith. Learned Assistant Government

Pleader Mr. Kurven Desai waives service of notice of rule for

the respondent No.1.

4. Learned advocate Mr.Nitin Amin 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.Nitin

Amin for the applicant to the effect that the claimant would

NEUTRAL CITATION

C/CA/740/2023 ORDER DATED: 02/08/2023

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waive the interest for the period of delay caused in filing the

appeal, the Court is of the view 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) JYOTI V. JANI