Executive Engineer vs Panjabi Deshraj Biharilal
2023 Latest Caselaw 1959 Guj

        C/CA/999/2021                                ORDER DATED: 28/02/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CIVIL APPLICATION NO. 999 of 2021
                                   In
                     F/FIRST APPEAL NO. 23494 of 2020
================================================================
                                     EXECUTIVE ENGINEER
                                           Versus
                                PANJABI DESHRAJ BIHARILAL
==============================================================================
Appearance:
MR RD DAVE(264) for the Applicant(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 2
MR NIKUNJ KANARA, AGP for the Respondent(s) No.2
SERVED BY PUBLICATION IN NEWS for the Respondent(s) No. 1
================================================================
  CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 28/02/2023
                               ORAL ORDER

Heard learned Advocate Mr. R.D. Dave on behalf of the applicant-original appellant. Though served through paper publication, none appears on behalf of the original claimants.

By way of this application, the applicant seeks to condone delay of 671 days which has occurred in challenging the judgment and order dated 14.02.2018 passed by the learned 6th Additional Senior Civil Judge, Anand in L.A.R. No.77 of 2006.

Considering the submissions made by learned Advocate Mr. R.D. Dave and having regard to the law laid down by the Hon'ble Apex Court in the case of Collector, Land Acquisition, Anantnag and Anr. v. Msr. Katji and Ors. reported in AIR 1987 SC 1353 in the considered opinion of this Court, the present application deserves consideration. The delay of 671 days satisfactorily explained, the same stand condoned. Rule is made absolute.

Registry to list First Appeal on 07th March, 2023.

(NIKHIL S. KARIEL,J) Manoj Kumar Rai