Dhirubhai Velabhai vs The State Of Gujarat
2025 Latest Caselaw 1472 Guj

Gujarat High Court

Dhirubhai Velabhai vs The State Of Gujarat on 29 July, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                      NEUTRAL CITATION




                             C/CA/3863/2025                                           ORDER DATED: 29/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3863 of
                                                    2025
                                    In F/CROSS OBJECTION NO. 18636 of 2025
                      ==========================================================
                                                    DHIRUBHAI VELABHAI
                                                           Versus
                                                THE STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR NITIN M AMIN(126) for the Applicant(s) No. 1
                      MR SANJAY M AMIN(130) for the Applicant(s) No. 1
                      MS FORAM TRIVEDI, ASSISTANT GOVERNMENT PLEADER for the
                      Respondent(s) No. 1,2
                      ==========================================================

                         CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                               and
                               HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                               Date : 29/07/2025
                                                 ORAL ORDER

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

1. By this application, the applicant has prayed for condoning the delay of 131 days caused in preferring the captioned cross objection.

2. Issue Rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondents.

3. Mr Nitin M. Amin, learned advocate for the applicant states that the first appeal filed by the State Government has been admitted which, is arising out of the Land Acquisition Reference case no.23 of 2004. It is submitted that the applicant, is the original claimant. After the judgment was rendered, the issue was deliberated and after which, the steps were taken and the appeal came to be filed with a delay of 131 days. Request is made to condone the same.

NEUTRAL CITATION

C/CA/3863/2025 ORDER DATED: 29/07/2025

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4. Ms Foram Trivedi, learned Assistant Government Pleader urges for passing appropriate order.

5. Having regard to the averments made so also the oral submissions and considering the length of delay and explanation offered, this Court, is of the opinion that delay of 131 days caused in filing the captioned cross objection deserves to be condoned and is hereby condoned.

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

(SANGEETA K. VISHEN,J)

(MOOL CHAND TYAGI, J) RAVI P. PATEL