Gujarat High Court
Deviben Devraj vs State Of Gujarat on 3 August, 2023
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/CA/696/2023 ORDER DATED: 03/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 696 of 2023
In
F/FIRST APPEAL NO. 28655 of 2021
With
R/CIVIL APPLICATION NO. 697 of 2023
In
F/FIRST APPEAL NO. 28658 of 2021
With
R/CIVIL APPLICATION NO. 699 of 2023
In
F/FIRST APPEAL NO. 28659 of 2021
With
R/CIVIL APPLICATION NO. 705 of 2023
In
F/FIRST APPEAL NO. 28654 of 2021
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DEVIBEN DEVRAJ
Versus
STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4
MR KURVEN DESAI, 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 these applications under section 5 of
the Limitation Act, 1963, the applicants seek
condonation of delay of 1138 days caused in
filing the captioned First Appeals against the
judgment and decree dated 30.12.2016 passed in
NEUTRAL CITATION
C/CA/696/2023 ORDER DATED: 03/08/2023
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the Land Acquisition Reference (LAR) Case
Nos.95/1993, 99/1993, 103/1993 and 91/1993 in
group LAR No.44/1993 to 104/1993 (main LAR
No.44/1993) by the learned Principal Senior
Civil Judge, Jamnagar.
2. Heard learned advocate Mr.Krushnakant D.
Patel for the applicants, learned Assistant
Government Pleader Mr.Kurven Desai
(CA/696/2023 and CA/697/2023), Ms.Dhwani
Tripathi (CA/699/2023) and Ms.Hetal Patel (CA/
705/2023) for the respondent-State.
3. Rule, returnable forthwith. Learned
Assistant Government Pleader Mr.Kurven Desai,
learned Assistant Government Pleader Ms.Dhwani
Tripathi and learned Assistant Government
Pleader Ms.Hetal Patel waive service of notice
of rule on behalf of the respondent-State.
4. Learned advocate Mr.Krushnakant Patel
NEUTRAL CITATION
C/CA/696/2023 ORDER DATED: 03/08/2023
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submitted that the claimants would waive the
interest for the period of delay caused in
filing these 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
application, 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.
NEUTRAL CITATION
C/CA/696/2023 ORDER DATED: 03/08/2023
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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
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
