State Of Gujarat Through Deputy ... vs Shree Samuh Kheti Sahakari Mandli Nana ...
2025 Latest Caselaw 3348 Guj

Gujarat High Court

State Of Gujarat Through Deputy ... vs Shree Samuh Kheti Sahakari Mandli Nana ... on 24 February, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                  NEUTRAL CITATION




                              C/CA/149/2025                                      ORDER DATED: 24/02/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 149 of
                                                      2025

                                              In F/FIRST APPEAL NO. 36684 of 2024

                      ==========================================================
                             STATE OF GUJARAT THROUGH DEPUTY COLLECTOR & ANR.
                                                   Versus
                              SHREE SAMUH KHETI SAHAKARI MANDLI NANA GUJARIA
                      ==========================================================
                      Appearance:
                      MS FORAM TRIVEDI, ASSISTANT GOVERNMENT PLEADER for the
                      Applicant(s) No. 1,2
                      MR NITIN M AMIN(126) for the Respondent(s) No. 1
                      MR SANJAY M AMIN(130) for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                              and
                              HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                               Date : 24/02/2025
                                                 ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicants have prayed for condoning the delay of 120 days caused in preferring the captioned first appeal.

2. Ms Foram Trivedi, learned Assistant Government Pleader, has invited attention of this Court to the steps taken, after passing of the judgment. File was moved inter-departmentally and intra- departmentally. After gathering necessary documents; providing necessary information; preparing and finalizing the draft of the appeal, that the appeal could be filed with a delay of 120 days.

3. It is reported that Mr Nitin M. Amin, learned advocate has no objection, if the delay is condoned.

                                                                                                                    NEUTRAL CITATION




                              C/CA/149/2025                                       ORDER DATED: 24/02/2025

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4. Having regard to the averments made so also the oral submissions and considering the quantum of delay caused, this Court, is of the opinion that delay of 120 days caused in filing the captioned appeal is sufficiently explained and deserves to be condoned and is hereby condoned.

5. Civil application succeeds and is accordingly allowed. Rule is made absolute to the aforesaid extent. No order as to costs.

6. Ms Foram Trivedi, learned Assistant Government Pleader, submitted that in the order, this Court was kind enough to reserve a liberty to the applicants-appellants to make a request for an adjournment and the Court concerned was further requested to adjourn the execution proceedings beyond 25.02.2025. It is reported that the execution proceedings are listed for hearing on 13.03.2025. Request is made that this Court, may be kind enough to extend the same protection.

7. This Court, since have already condoned the delay, deems it appropriate to direct the Registry to list the captioned First Appeal together with Civil Application (for stay) on 04.03.2025.

(SANGEETA K. VISHEN,J)

(NIRAL R. MEHTA,J) RAVI P. PATEL