Executive Engineer vs Labhubhai Jivrajbhai Badhiwala
2023 Latest Caselaw 2477 Guj

      C/CA/3262/2022                                ORDER DATED: 23/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 3262 of 2022

                       In F/FIRST APPEAL NO. 18705 of 2021

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                       EXECUTIVE ENGINEER
                               Versus
              LABHUBHAI JIVRAJBHAI BADHIWALA
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Appearance:
MR RITURAJ M MEENA(3224) for the Applicant(s) No. 1
MS. ROSHNI PATEL, AGP ON ADVANCE COPY SERVED TO
GOVERNMENT PLEADER/PP for the Respondent(s) No. 2
DS AFF.NOT FILED (R) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 23/03/2023

                                  ORAL ORDER

[1] Heard Mr. Rituraj Meena, learned advocate for the applicant, Ms. Roshni Patel, learned AGP for respondent No.2 and Mr. Jasani, learned advocate has instructions to appear for and on behalf of legal heirs of the original claimant. He is permitted to file his appearance for legal heirs of original complainant.

[2] By way of this application, the applicant - original appellant seeks condonation of delay of 766 days which has occurred in preferring the aforesaid First Appeal challenging the judgment and award dated 09.11.2017 passed in LAR No.543 of 2004 passed by the learned 3rd Additional Senior Civil Judge, Kheda.

          C/CA/3262/2022                         ORDER DATED: 23/03/2023




[3]       Considering the submissions made by the learned advocate for

the applicant - original appellant and having regard to the averments made in the application as also sufficient cause being made for the delay, the same is required to be condoned. Having regard to the same, the delay occurred in preferring the aforesaid First Appeal is hereby condoned. Accordingly, the present application stands disposed of as allowed. Rule made absolute.

[4] Registry is directed to list the First Appeal for admission hearing on 3rd April, 2023.

(NIKHIL S. KARIEL,J) Lalji Desai