Laljibhai Thakarshibhai Died ... vs State Of Gujarat Through District ...
2023 Latest Caselaw 5447 Guj

      C/CA/561/2023                                ORDER DATED: 12/07/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 561 of 2023
                                      In
                        F/FIRST APPEAL NO. 12661 of 2021

==========================================================
           LALJIBHAI THAKARSHIBHAI DIED THROUGH LH
                            Versus
     STATE OF GUJARAT THROUGH DISTRICT COLLECTOR MORBI
==========================================================
Appearance:
JENIL M SHAH(7840) for the Applicant(s) No. 1,1.1,1.2,1.3
 for the Respondent(s) No. 1,2
MR RUTVIJ S OZA(5594) for the Respondent(s) No. 3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 12/07/2023

                                 ORAL ORDER

1. By this application under section 5 of the

Limitation Act, 1963, the applicant seeks

condonation of delay of 964 days caused in

filing the captioned First Appeal against the

judgment and order dated 27.10.2017 passed by

Principle Senior Civil Judge, Morbi.

2. Heard learned advocate Mr.Jenil M. Shah

for the applicants, learned advocate Mr.Ishan

R. Vyas for learned advocate Mr.Rutvij S. Oza

C/CA/561/2023 ORDER DATED: 12/07/2023

for the respondent No.3 and learned Assistant

Government Pleader Mr.Kurven Desai for the

respondent-State.

3. Rule, returnable forthwith. Learned

advocate Mr.Ishan Vyas and learned Assistant

Government Pleader Mr.Kurven Desai waives

service of notice of rule for the respective

respondents.

4. Learned advocate Mr.Jenil M. Shah for the

applicants submitted that in cognate matters

being Civil Application No.1668 of 2022 in

First Appeal No.616 of 2021 and other allied

group of matters, the Co-ordinate Bench of

this Court (Coram: Hon'ble Mr.Justice

A.S.Supehia) vide order dated 29.01.2022

condoned the delay in preferring the First

Appeals and by order dated 31.01.2023 admitted

the First Appeals.

C/CA/561/2023 ORDER DATED: 12/07/2023

5. In view of the above submissions, the

delay of 964 days is condoned on condition

that the applicants shall not claim interest

for the period of delay in preferring the

First Appeal.

6. The application therefore succeeds and is

accordingly, allowed. The delay caused in

filing the First Appeal is hereby condoned.

Rule is made absolute accordingly with no

order as to costs.

7. Registry to list the First Appeal for

admission on 18th July, 2023.

(BHARGAV D. KARIA, J)

PALAK