State Of Gujarat vs Devdas Valerabhai (Deceased)
2023 Latest Caselaw 3956 Guj

      C/CA/1180/2021                                  ORDER DATED: 04/05/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 1180 of 2021
                        In F/FIRST APPEAL NO. 11183 of 2021
                                       With
                       R/CIVIL APPLICATION NO. 1182 of 2021
                                       With
                       R/CIVIL APPLICATION NO. 1183 of 2021
                                       With
                       R/CIVIL APPLICATION NO. 1189 of 2021
                                       With
                       R/CIVIL APPLICATION NO. 1190 of 2021
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                             STATE OF GUJARAT
                                   Versus
                        DEVDAS VALERABHAI (DECEASED)
==========================================================
Appearance:
MR AKASH CHHAYA, AGP for the Applicant(s) No. 1,2 in Civil Application
Nos.1180/2021 and 1182/2021
MS SURBHI BHATI, AGP for the Applicant(s) No. 1,2 in Civil Application
Nos.1183/2021 and 1189/2021
MS ROSHNI PATEL, AGP for the Applicant(s) No. 1,2 in Civil Application
No.1190/2021
for the Respondent(s) No. 1.1,1.2,1.3
DECEASED LITIGANT for the Respondent(s) No. 1,2
MR H M SHAH(3997) for the Respondent(s) No. 2.1,2.2,2.3,2.4
MS ARCHANA U AMIN(2462) for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 04/05/2023

                                  ORAL ORDER

1. Heard learned Assistant Government Pleaders Mr. Akash

Chhaya, Ms. Surbhi Bhati and Ms. Roshni Patel on behalf of

the applicants-original appellants in the respective

applications and learned advocate Mr. H.M.Shah and learned

C/CA/1180/2021 ORDER DATED: 04/05/2023

advocate Ms. Archana Amin on behalf of the respondents-

claimants in all the applications.

3. By way of these applications, the applicants seek to

condone the delay of 328 days which has occurred in

preferring First Appeals against judgment and award passed

by learned Principal Senior Civil Judge, Rajula, District

Amreli, dated 20.12.2018 in Land Reference Case Nos.

442/2017, 444/2017, 454/2017, 455/2017, 456/2017,

457/2017, 458/2017, 460/2017, 463/2017, 464/2017,

465/2017, 466/2017, 467/2017, 468/2017, 472/2017,

473/2017, 479/2017, 480/2017, 481/2017, 482/2017

respectively.

4. Considering the submissions made by learned Assistant

Government Pleaders for the applicants and having regard to

the averments on record and also having regard to the law

laid down by the Hon'ble Apex Court in the case of Collector,

Land Acquisition, Anantnag and Anr. v. Msr. Katji and

Ors. reported in AIR 1987 SC 1353, in the considered

opinion of this Court, since sufficient cause for condoning the

delay being made out, the present applications deserve

consideration. The delay of 328 days which has occurred in

C/CA/1180/2021 ORDER DATED: 04/05/2023

preferring First Appeals challenging judgement and award

passed by learned Principal Senior Civil Judge, Rajula, District

Amreli, dated 20.12.2018 in Land Reference Case Nos.

442/2017, 444/2017, 454/2017, 455/2017, 456/2017,

457/2017, 458/2017, 460/2017, 463/2017, 464/2017,

465/2017, 466/2017, 467/2017, 468/2017, 472/2017,

473/2017, 479/2017, 480/2017, 481/2017, 482/2017

respectively, is hereby condoned. The present applications are

disposed of as allowed. Rule is made absolute.

5. Registry to list the first appeals in the first week after

reopening i.e. in the week starting from 05.06.2023.

(NIKHIL S. KARIEL,J) Bhoomi