Additional Commissioner vs State Of Gujarat
2023 Latest Caselaw 7534 Guj

                                                                                  NEUTRAL CITATION




     C/CA/661/2023                               ORDER DATED: 11/10/2023

                                                                                  undefined




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 661 of 2023

                     In F/FIRST APPEAL NO. 16777 of 2023

==================================================
                         ADDITIONAL COMMISSIONER
                                  Versus
                             STATE OF GUJARAT
==================================================
Appearance:
MR SHUSHIL R SHUKLA(5603) for the Applicant(s) No. 1
MS.DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1
MS.KIRAN R. UDASI, ADVOCATE FOR MR TEJAS P SATTA(3149) for the
Respondent(s) No. 3,4,5,6
NOTICE SERVED for the Respondent(s) No. 2
==================================================

 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
       and
       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                    Date : 11/10/2023
                     ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

By way of this Civil Application, leave is sought for to prefer an appeal against the judgment and award dated 31.12.2022 passed by learned 4th Additional Senior Civil Judge, Rajkot in Land Reference Case No.47 of 2003.

Mr. Shushil R. Shukla, learned advocate appearing for the applicant has drawn our attention to the fact that in execution petition, the applicant has already been joined as party respondent No.3, which is reflecting on page 22 (Annexure-B), in column No.I, and as such, he has submitted that they are directly affected with the outcome of the aforesaid judgment and award.

NEUTRAL CITATION

C/CA/661/2023 ORDER DATED: 11/10/2023

undefined

When the matter is further taken up for hearing, the assertion which has been made in paragraphs 2 & 3 have also been taken note of and when confronted with the situation, Ms. Kiran R. Udasi, learned advocate appearing on behalf of Mr. Tejas P. Satta, learned advocate for the respondents has no resistance if the leave is granted to the applicant.

In view of the aforesaid broad consensus and the averments contained in the application, we deem it proper to allow the present Civil Application. Accordingly, leave is granted. Application stands allowed in terms of para 13(b).

(ASHUTOSH SHASTRI, J.)

(HEMANT M. PRACHCHHAK, J.) DHARMENDRA KUMAR