Deputy Collector vs Vechatbhai Sardabhai Sangada
2023 Latest Caselaw 4285 Guj

     C/CA/464/2023                                    ORDER DATED: 09/06/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 464 of 2023
                                     In
                       F/FIRST APPEAL NO. 20531 of 2022
==============================================================
                           DEPUTY COLLECTOR
                                  Versus
                      VECHATBHAI SARDABHAI SANGADA
==============================================================
Appearance:
MR KURVEN DESAI, AGP for the Applicant(s) No. 1,2,3
MR D V KANSARA(7498) for the Respondent(s) No. 1
==============================================================
 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                              Date : 09/06/2023
                               ORAL ORDER

1. By this application under section 5 of the

Limitation Act, 1963, the applicant seeks

condonation of delay of 981 days caused in

filing the captioned First Appeal against the

judgment and order dated 27.07.2017 passed by

Principal Senior Civil Judge, Mahisagar at

Lunawada.

2. Heard learned Assistant Government Pleader

Mr.Kurven Desai for the applicants and learned

advocate Mr.D.V.Kansara for the respondent

No.1.

C/CA/464/2023 ORDER DATED: 09/06/2023

3. Rule, returnable forthwith. Learned

advocate Mr.D.V.Kansara waives service of

notice of rule on behalf of the respondent-

State.

4. 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 as well as the affidavit-in-reply,

the Court is of the view that the delay caused

in filing the First Appeal has been

sufficiently explained.

5. 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.

(BHARGAV D. KARIA, J)

PALAK