Gujarat High Court
Rabari Kanjibhai Muljibhai vs Special Land Acquisition And ... on 14 July, 2025
NEUTRAL CITATION
C/CA/903/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 903 of 2025
In F/FIRST APPEAL NO. 34156 of 2024
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RABARI KANJIBHAI MULJIBHAI & ORS.
Versus
SPECIAL LAND ACQUISITION AND REHABILITATION OFFICER & ANR.
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Appearance:
MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1,2,3,4
MR RAHUL DAVE, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 14/07/2025
ORAL ORDER
1. Heard learned advocate Mr. Jinesh H. Kapadia for the applicants
and learned Assistant Government Pleader Mr. Rahul Dave for
the respondents. Perused the record.
2. This is an application seeking leave to challenge the judgment
and decree dated 12.4.2018 passed in Land Reference Case
No.246 of 2010 by learned Additional Senior Civil Judge, Deesa,
District Banaskantha @ Palanpur.
3. The submission of learned advocate for the applicant is that the
original claimant - Rabari Muljibhai Haribhai has expired on
2.10.2020 i.e. after the pronouncement of of the impugned
judgment. Death certificate is produced on record at page no.4
NEUTRAL CITATION
C/CA/903/2025 ORDER DATED: 14/07/2025
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of the compilation. One of the heirs of deceased Desai
Ambhaben Muljibhai has expired on 3.12.2015. Her death
certificate is also placed on record. It is further contended that
coordinate bench of this Court while allowing the leave to
appeal has 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 order dated 29.11.2024
passed in Civil Application No.115 of 2024 is placed on record
which is taken on record.
4. Learned advocate for the applicant has further relied upon the
decision of the Division Bench of this Court dated 2.8.2021 in
Civil Application No.1272 of 2021 and contended that the Civil
Application filed by the applicants seeking application for
condonation of delay in filing is not required in law. The said
order is also placed on record which is taken on record. Hence,
learned advocate for the applicant requested this Court to allow
this application. No other submissions are made except the
above.
5. Learned AGP for the respondents submitted that the application
NEUTRAL CITATION
C/CA/903/2025 ORDER DATED: 14/07/2025
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has no merit and the applicants are not aggrieved by the
judgment and decree. It is further submitted that the applicants
have are not directly or indirectly affected by the impugned
judgment and decree. Hence, the application may be rejected.
No other submissions are made except the above.
6. Having heard the submissions of learned advocates for the
respective parties and on perusal of the material placed on
record, it appears that original applicant has expired after the
passing of the impugned judgment and award and one of the
legal heirs of the deceased claimant has also passed away
before the death of original claimant, this application requires
consideration. Under the circumstances, I am of the opinion
that the application deserves to be allowed and the same is
allowed accordingly. Direct Service is permitted. No order as to
costs.
(D. M. DESAI,J)
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