Savitaben Ananda vs The State Of Gujarat
2023 Latest Caselaw 5625 Guj

                                                                                           NEUTRAL CITATION




      C/CA/703/2023                                       ORDER DATED: 03/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 703 of 2023
                                      In
                       F/FIRST APPEAL NO. 28730 of 2021
                                     With
                      R/CIVIL APPLICATION NO. 708 of 2023
                                      In
                       F/FIRST APPEAL NO. 28734 of 2021
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                              SAVITABEN ANANDA
                                    Versus
                            THE STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2,3
MS DHWANI TRIPATHI, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                 Date : 03/08/2023

                            COMMON ORAL ORDER

1. By this application under section 5 of the

Limitation Act, 1963, the applicants seek

condonation of delay of 713 days caused in

filing the captioned First Appeals against the

judgment and decree dated 28.02.2018 passed in

the Land Acquisition Reference (LAR) Case

Nos.291/1995 and 284/1995 in group LAR

No.263/1995 to 318/1995 by the learned

NEUTRAL CITATION

C/CA/703/2023 ORDER DATED: 03/08/2023

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Principal Senior Civil Judge, Jamnagar.

2. Heard learned advocate Mr.Krushnakant D.

Patel for the applicants, learned Assistant

Government Pleader Ms.Dhwani Tripathi

(CA/703/2023) and learned Assistant Government

Pleader Ms.Hetal Patel (CA/708/2023) for the

respondent-State.

3. Rule, returnable forthwith. Learned

Assistant Government Pleader Ms.Dhwani

Tripathi and learned Assistant Government

Pleader Ms.Hetal Patel waives service of

notice of rule on behalf of the respondent-

State.

4. Learned advocate Mr.Krushnakant Patel

submitted that the claimants would waive the

interest for the period of delay caused in

filing these appeals on the amount if any

enhanced.

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C/CA/703/2023 ORDER DATED: 03/08/2023

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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.Krushnakant Patel 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 First Appeals deserves to be condoned.

7. The applications, therefore, succeed and

are, accordingly, allowed on condition that

the applicants shall waive the claim of

interest for the period of delay in preferring

NEUTRAL CITATION

C/CA/703/2023 ORDER DATED: 03/08/2023

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the First Appeals. The delay caused in filing

the First Appeals is hereby condoned. Rule is

made absolute accordingly with no order as to

costs.

(BHARGAV D. KARIA, J)

PALAK