Gujarat High Court
Lhs Of Patel Sendhabhai Rupashibhai vs Special Land Acquisition Officer on 4 August, 2025
NEUTRAL CITATION
C/CA/3336/2024 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 3336 of 2024
In F/FIRST APPEAL NO. 10944 of 2024
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LHS OF PATEL SENDHABHAI RUPASHIBHAI & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
JAY R SHAH(8428) for the Applicant(s) No. 1,1.1,2
MR MAHESH P PATEL(3381) for the Applicant(s) No. 1,1.1,2
MS.DHARITRI PANCHOLI AGP ADVANCE COPY SERVED for the
Respondent(s) No. 1
RULE UNSERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 04/08/2025
ORAL ORDER
1. Heard learned advocate Mr.M.P.Patel for the
applicants and learned AGP for the respondent - State.
2. This is an application seeking leave to
challenge the judgment and award dated 18.03.2015
passed by the learned 2nd Additional Senior Civil Judge
& ACJM, Palanpur, Banaskantha.
3. Learned advocate for the applicants has
submitted that on 18.03.2015, judgment and award
came to be passed by learned Reference Court.
Thereafter, on 09.11.2023, claimant expired. Death
NEUTRAL CITATION
C/CA/3336/2024 ORDER DATED: 04/08/2025
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Certificate is produced on record at page No.4 of the
compilation. Learned advocate for the applicants has
further submitted that this Court while allowing the
leave to appeal has relied upon Clause 3 of Rule 51 of
the Gujarat High Court Rules, 1993 and contended that
the legal representatives are entitled to be permitted to
be joined as party to the proceedings. Copy of the
order dated 14.07.2025 passed by this Court in Civil
Application No.903 of 2025 is placed on record.
4. Per contra, learned AGP submitted that the
application has no merit and the applicants are not
aggrieved by the judgment and award. It is further
submitted that the applicants are not directly or
indirectly affected by the impugned judgment and
award. Hence, the application may be rejected.
5. Learned advocate for the the applicants has
relied upon Clause 3 Rule 51 of the Gujarat High
Court Rules, 1993 which is reproduced hereunder:
51 Parties in Appeals and Applications:
NEUTRAL CITATION
C/CA/3336/2024 ORDER DATED: 04/08/2025
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(i) .....
(ii) ....
(iii) The provision of Subrule (ii) above, shall apply
where the legal representatives of any party who has
died pending the presentation of the appeal or
application were not brought on the record of the
proceedings in the Lower court but are made parties to
the appeal or application.
6. Considering the submissions canvassed by
learned advocates for the respective parties and
averments made in the application, it appears that
after pronouncement of judgment and decree, claimant
expired. In the present case, Rule 51 of the Gujarat
High Court Rules, 1993 as referred by learned advocate
for the applicants would be applicable. Considering the
aforesaid Rule, present application deserves
consideration and the same is allowed. Hence, the
delay is condoned.
7. The present application is allowed and stands
disposed of. No order as to costs.
(D. M. DESAI,J)
MANOJ
