Heirs Of Decd. Amrutlal Ramjibhai vs State Of Gujarat
2023 Latest Caselaw 5624 Guj

                                                                                      NEUTRAL CITATION




     C/CA/713/2023                                   ORDER DATED: 03/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 713 of 2023
                                     In
                      F/FIRST APPEAL NO. 11311 of 2021
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                     HEIRS OF DECD. AMRUTLAL RAMJIBHAI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4
for the Respondent(s) No. 2
MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 03/08/2023

                                ORAL ORDER

1. By this application under section 5 of the

Limitation Act, 1963, the applicants seek

condonation of delay of 706 days caused in

filing the captioned First Appeal against the

judgment dated 30.12.2017 and decree dated

10.01.2018 passed in the Land Acquisition

Reference (LAR) Case No.220/2005 in group LAR

No.210/2005 to 221/2005 (main LAR No.210/2005)

by the learned Additional Senior civil Judge,

Dhoraji.

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C/CA/713/2023 ORDER DATED: 03/08/2023

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2. Heard learned advocate Mr.Krushnakant

Patel for the appellants and learned Assistant

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.Krushnakant Patel

submitted that the claimants 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

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C/CA/713/2023 ORDER DATED: 03/08/2023

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delay caused in filing the First Appeal has

been sufficiently explained.

6. In view of the submission made by learned

advocate Mr.Krushnakant Patel for the

applicants to the effect that the claimants

would 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

applicants shall waive the claim of interest

for the period of delay in preferring the

First Appeal. 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) PALAK