Gujarat High Court
Lhs Of Decd. Ramjibhai Movtabhai Thakor vs State Of Gujarat on 11 April, 2025
NEUTRAL CITATION
C/SCA/17396/2022 ORDER DATED: 11/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17396 of 2022
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LHS OF DECD. RAMJIBHAI MOVTABHAI THAKOR & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR TEJAS P SATTA(3149) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4
MR AKASH CHHAYAGOVERNMENT PLEADER for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 11/04/2025
ORAL ORDER
1. Learned advocate for the petitioners seeks permission
to amend LAR case number.
2. Permission as prayed for, is granted. Amendment to be
carried out forthwith.
3. Heard learned advocate Mr.Tejas P. Satta for the
petitioners and learned AGP Mr. Akash Chhaya for the
respondent no.1.
4. The facts arising in the present petition are that the
petitioners is dissatisfied and aggrieved by the Judgment
and order dated 02.12.2021 passed in Civil Misc. Application
No.12 of 2021 respectively, passed by the Principal Senior
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C/SCA/17396/2022 ORDER DATED: 11/04/2025
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Civil Judge, Palanpur whereby, the application of bringing
legal heirs on record in LAR No.76 of 2003 has been rejected.
5. It is the case of the petitioner that LAR No.76 of 2003
was filed by Ramjibhai Movtabhai Thakor. During the
pendency of the Land Reference Case, the original applicant
i.e. Ramjibhai Movtabhai Thakor died on 27.12.2015 and on
the facts stated in the application and more particularly in
Civil Misc. Application No.12/2021 an application was given
to condone the delay and set aside the abatement and join
legal heirs of the deceased petitioner.
6. It is the case of the petitioner that as the learned
advocate had not informed the legal heirs, the said legal
heirs were not brought on record within prescribed time.
Moreover, it is the case of the petitioner that the petitioner
had no knowledge regarding the case and therefore he could
not file the application and therefore they had given an
application to bring legal heirs on record.
7. It is argued that because of the default of the advocate,
the party should not suffer and in the interest of justice, the
legal heirs should be joined in the present proceedings. It has
also been argued that the delay in bringing the legal heirs
should be condoned as the legal heirs were unaware about
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C/SCA/17396/2022 ORDER DATED: 11/04/2025
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the proceedings and therefore the order dated 02.12.2021 is
required to be quashed and set aside.
8. Learned advocate Mr.Tejas Satta for the petitioners
had relied upon the judgment in case of Patel Kashuben
Narottambhai Vs. Special Land Acquisition Officer
reported in 2009 (0) GLHELHC-221195 and also relied upon
the judgment of the Hon'ble Apex Court in case of Banwari
Lal Vs. Balbir Singh, 2015 (0) AIJEL-SC 57003. Learned
advocate Mr.Tejas Satta has relied upon para no.6 and 7 of
the judgment in case of Patel Kashuben Narottambhai
(Supra).
9. Learned AGP Mr. Akash Chhaya submitted that the
application ought to have been given within a period of 90
days to bring the legal heirs on record and that there is a
gross delay of 3 years and 4 months in bringing the legal
heirs on record and therefore the application is required to
be rejected.
10. Having heard learned advocates appearing for the
respective parties and having perused the order and also the
dispute in question, the present petition has been filed in a
land acquisition proceedings wherein the case of the
petitioner is that they were not aware of the present
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C/SCA/17396/2022 ORDER DATED: 11/04/2025
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proceedings and the advocate has also not informed them.
While deciding the application for condonation delay, the
Court cannot go into the merits of the case and looking to
the facts of the present case and the fact that when the
petitioners have stated that they were not aware of the
proceedings in question, this Court deems fit to quash and
set aside the order passed on 02.12.2021 and the application
filed Exhibit 8 in Civil Misc Application No.12/2021 is hereby
allowed and the application to condone the delay and
setting aside the abatement and joining the legal heirs of the
deceased- Ramjibhai Movtabhai Thakor are hereby allowed.
11. On proper verification of the legal heirs, the trial Court
shall join the legal heirs in the LAR No.76/2003.
(MAULIK J.SHELAT,J)
SALIM/
