State Of Gujarat vs Rameshbhai Punabhai
2023 Latest Caselaw 481 Guj

     C/CA/2350/2019                             ORDER DATED: 16/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                 R/CIVIL APPLICATION NO. 2350 of 2019
                                  In
            F/CIVIL REVISION APPLICATION NO. 22682 of 2019

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                          STATE OF GUJARAT
                                Versus
                        RAMESHBHAI PUNABHAI
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Appearance:
MR KURVEN DESAI, AGP for the Applicant(s) No. 1,2
RULE SERVED for the Respondent(s) No. 1,2,3,4
UNSERVED EXPIRED (R) for the Respondent(s) No. 5
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                            Date : 16/01/2023
                             ORAL ORDER

1. This application is filed to condone delay of 759 days in

preferring Civil Revision Application.

2. At the outset, learned AGP Mr. Desai for the applicant

submitted that Civil Revision Application would not survive in

view of the order dated 08.09.2022 passed by Co-ordinate

Bench of this Court in Civil Revision Application No. 479 of

2022 and allied matters wherein this Court has held as under:

"13. In the present case, the State Government has already preferred appeals against the impugned judgment

C/CA/2350/2019 ORDER DATED: 16/01/2023

and award, which has been admitted and are pending for final hearing. Section 115 of the CPC under which the present revision application are filed reads as under :-

"Section 115 of Code of Civil Procedure 1908 "Revision" (1) The High Court may call for the record of an case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit : Provided that the High Court shall no, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where - (a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings, or (b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. (2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. Explanation.-In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue in the course of a suit or other proceeding."

Sub-section (2) of Section 115 of the CPC clearly stipulates that the High Court shall not, under this section, vary or reverse any decree or order, against

C/CA/2350/2019 ORDER DATED: 16/01/2023

which an appeal lies either to the High Court or to any Court subordinate thereto.

14. In this view of the matter, since by the impugned judgment and award, the Reference Court has altered the decree by enhancing the compensation, the only remedy available to the Sate authority is either to file appeals against the said order or file appropriate amendment as permissible under the law in pending appeals, which are admitted by this Court and are pending for hearing.

15. Under the circumstances, the present revision applications are not maintainable and the same are rejected. However, it is clarified that, it will be open for the State authorities to either file an appropriate appeal or to file appropriate amendment as permissible under the law, against the impugned judgment and decree. It is also clarified that the the time consumed before this Court, in the present proceedings shall be adjusted towards the calculation of the limitation period."

3. It was further submitted that the applicant has already

preferred First Appeal No. 2350 of 2019 challenging the

impugned order of enhancement passed by the Principal

Senior Civil Judge in Land Reference Cases.

C/CA/2350/2019 ORDER DATED: 16/01/2023

4. Considering the above submissions, when the Civil Revision

Application is held to be not maintainable by the Co-ordinate

Bench of this Court in the aforesaid order, the delay of 759

days not required to be condoned. Civil Application is

accordingly disposed of.

(BHARGAV D. KARIA, J) JYOTI V. JANI