Gujarat High Court
Shree Samuh Kheti Sahakari Mandli Nana ... vs State Of Gujarat on 16 October, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/4981/2025 ORDER DATED: 16/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4981 of
2025
In F/CROSS OBJECTION NO. 18613 of 2025
With
F/CROSS OBJECTION NO. 18613 of 2025
In
R/FIRST APPEAL NO. 653 of 2025
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SHREE SAMUH KHETI SAHAKARI MANDLI NANA GUJARIA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NITIN M AMIN(126) for the Applicant(s) No. 1
MR SANJAY M AMIN(130) for the Applicant(s) No. 1
MR SHIVAM DIXIT ASST. 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 : 16/10/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
ORDER in R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 4981 of 2025 in F/CROSS OBJECTION NO. 18613 of 2025:
1. This application is filed by the applicant under Section
5 of the Limitation Act for condoning the delay of 68
days in filing the Cross Objection in First Appeal
No.653 of 2025, which is preferred against the
NEUTRAL CITATION
C/CA/4981/2025 ORDER DATED: 16/10/2025
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judgment and award dated 27.05.2024 passed by the
learned 3rd Additional Senior Civil Judge, Junagadh in
LRC No.28 of 2004.
2. It is reported that the advance copy is served upon
respondent nos.1 and 2 and learned AGP Mr. Shivam
Dixit for respondent nos.1 and 2 has appeared.
3. Learned advocate has drawn attention of this Court to
the contents of para nos.3 and 4 of the application,
wherein it stated that the Reference Court delivered its
judgment in 2022, and compensation was deposited in
June 2023 and disbursed around Diwali 2023 by the
Reference Court, however, it is stated that the
applicant has received lesser compensation.
Thereafter, upon receiving notice in
September/October 2024 regarding the Appeal filed by
the present respondent - State, despite the financial
hardship, they have somehow managed to pay the
court fees to prefer Cross Objection to the Appeal filed
by the respondent - State and thus, the delay of 68
NEUTRAL CITATION
C/CA/4981/2025 ORDER DATED: 16/10/2025
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days in preferring the Cross Objection in First Appeal
was occurred.
4. Therefore, learned advocate has drawn attention of this
Court to the reasons for which delay has occurred.
5. Learned AGP for the respondent nos.1 and 2 formally
opposes the grant of application.
6. Considering the aforesaid, particularly, period of 68
days of delay, the Court is of the view that considering
the facts involved in the case, delay cannot be treated
as inordinate.
7. Considering the submissions and the contents of the
para mentioned herein above, the delay is also
explained sufficiently.
8. A reference in this regard may be made to the
judgment of the Supreme Court in case of Sheo Raj
Singh (Deceased) through Legal Representatives and
others vs/. Union of India and Another, reported in,
(2023) 10 SCC 531, wherein the term "Sufficient
NEUTRAL CITATION
C/CA/4981/2025 ORDER DATED: 16/10/2025
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Cause" was interpreted and the approach of Courts
while deciding application for condonation of delay was
discussed.
9. In view of the aforesaid, the present application for
condonation of delay is allowed. The delay of 68 days
caused in preferring the Cross Objection in First
Appeal No.653 of 2025 which is preferred against the
judgment and award dated 27.05.2024 passed by the
learned 3rd Additional Senior Civil Judge, Junagadh in
LRC No.28 of 2004 is hereby condoned. Rule is made
absolute to the aforesaid extent. Registry is directed to
list the main appeal in due course.
ORDER in F/CROSS OBJECTION NO. 18613 of 2025 in
R/FIRST APPEAL NO. 653 of 2025:
Admitted. It is submitted that the Cross-Objection is arising out
of the proceedings of acquisition of same village, which have already
been admitted. To be heard along with First Appeal No.653 of 2025.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
JIGAR J RABARI
