Executive Engineer vs Baria Mansinh Laxmansinh (Since ...
2023 Latest Caselaw 4157 Guj

     C/CA/2349/2022                                 ORDER DATED: 07/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/CIVIL APPLICATION NO. 2349 of 2022

                       In F/FIRST APPEAL NO. 16888 of 2022
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                    EXECUTIVE ENGINEER
                          Versus
   BARIA MANSINH LAXMANSINH (SINCE DECEASED THROUGH HIS
                       LEGAL HEIRS)
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Appearance:
MS TANUSHREE SHRIMAL, AGP for the Applicant(s) No. 1,2
for the Respondent(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
DECEASED LITIGANT for the Respondent(s) No. 1
MR VIMAL A PUROHIT(5049) for the Respondent(s) No. 2,3,4
SHRENIK R JASANI(9486) for the Respondent(s) No. 2,3,4
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                Date : 07/06/2023
                                 ORAL ORDER

By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay of 410 days caused in filing the captioned First Appeal against the judgment and order dated 08.01.2019 passed by the 2nd Additional Senior Civil Judge at Lunawada, Mahisagar in LAR No.884 of 2017 and LAR No.885 of 2017.

Heard learned advocate Mr.Vimal Purohit for the respondents and learned Assistant Government Pleader Ms.Tanushree Shrimal for the applicants.

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

C/CA/2349/2022 ORDER DATED: 07/06/2023

delay caused in filing the First Appeal has been sufficiently explained.

The application, therefore, succeeds and is, accordingly, allowed. The delay caused in filing the First Appeal is hereby condoned.

(BHARGAV D. KARIA, J) URIL RANA