Gujarat High Court
Ismail Bachubhai (Expired) Alias ... vs State Of Gujarat on 4 November, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2983/2025 ORDER DATED: 04/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2983 of
2025
In R/FIRST APPEAL NO. 4028 of 2025
With
R/FIRST APPEAL NO. 4028 of 2025
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ISMAIL BACHUBHAI (EXPIRED) ALIAS ISHABHAI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS SWEETY SAMARA ASST. GOVERNMENT PLEADER, MR
KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1,2,3,4,5
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,3,4,5
GOVERNMENT PLEADER for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 04/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
Order under Civil Application-
1. This application is filed for condoning delay of 4117
days, which has occurred in preferring the appeal
against judgment and award dated 20.07.2013 in the
Land Acquisition Reference Case No.168 of 2002, in a
group of references being LAR No.163 of 2002 to 170 of
2002. The award was declared by the Principal Senior
Civil Judge, Amreli.
2. Learned advocate for the applicant submitted that the
delay occurred on account of the fact that the
NEUTRAL CITATION
C/CA/2983/2025 ORDER DATED: 04/11/2025
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applicants were not aware of the reference proceedings
being disposed of, as the reference on behalf of the
applicants were being handled by the other claimants
whose appeals were preferred in time and as on date
other appeals which were filed with delay which was
condoned and the appeal stands admitted and pending
for final disposal.
3. Learned advocate has thereafter, drawn attention of
this Court to the additional affidavit filed by the
claimant as per the order dated 15.07.2025 and has
drawn our attention to the averments made therein.
Amongst the other averments made on affidavit, it is
also stated that even the original claimant, in the
Interregnum period, had expired and the applicants
herein were not aware as to which of the other
claimants are taking care of the reference proceedings.
4. Learned advocate has made a statement at bar under
instructions that the claimants will not claim any
interest on the delayed payment as the delay is of a
substantial period.
5. Learned AGP has objected to the grant of the
application for condonation of delay in submitting that
the delay is of a substantial period and as the
acquisition is from the same village, the other
claimants had approached this Court wellh in time,
whereas there is no reason for which the appellant has
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C/CA/2983/2025 ORDER DATED: 04/11/2025
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stated in the affidavit for delay on his part.
6. Having heard learned advocate for the parties and
having perused the documents on record, the
application and the appeal is arising out of the
common judgment and order rendered by the Principal
Senior Civil Judge, Amreli in Land Reference No.163 of
2002 to 170 of 2002. Reportedly, the other claimants
of the references have already approached this Court,
and this Court by filing First Appeal No. 4440 of 2023
and allied matters which was also filed with delay, and
delay in such appeals have been condoned and
thereafter, by an order dated 18.01.2024, the appeals
of the co-claimants have already been admitted by this
Court.
7. In view of the aforesaid facts situation the application
as well as the additional affidavit sufficiently explains
the delay of the substantial period. The Court deems it
fit to construe the same liberally and condone the
same. Accordingly, application is allowed and delay is
condoned.
Order under First Appeal-
The appeal is preferred against judgment and award
dated 20.07.2013. It is the part of the group of
reference being LAR No. 163 of 2002 to 170 of 2002.
Reportedly, the appeals against the other reference by
the co-claimants have been admitted by order dated
NEUTRAL CITATION
C/CA/2983/2025 ORDER DATED: 04/11/2025
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18.01.2024 and hence, the present appeal also needs
to be admitted. As this Court has passed a separate
order in condoning the delay the Registry is directed to
number the appeal separately. The appeal stands
admitted to be heard with First Appeal No. 4440 of
2023.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
RIYA VISHWAKARMA
