The State Of Gujarat vs Ghulam Hussenwala Hatimbhai ...
2025 Latest Caselaw 6843 Guj

Gujarat High Court

The State Of Gujarat vs Ghulam Hussenwala Hatimbhai ... on 22 September, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                              NEUTRAL CITATION




                              C/CA/660/2025                                   ORDER DATED: 22/09/2025

                                                                                                               undefined




                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 660 of
                                                        2025
                                         In F/FIRST APPEAL NO. 36106 of 2024
                      ==========================================================
                                        THE STATE OF GUJARAT & ORS.
                                                   Versus
                               GHULAM HUSSENWALA HATIMBHAI FAJLEHUSEN & ANR.
                      ==========================================================
                      Appearance:
                      MS. SWEETY SAMARA, AGP for the Applicant(s) No. 1,2,3
                      RULE SERVED for the Respondent(s) No. 1,2
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                 and
                                 HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                          Date : 22/09/2025

                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 855 days in preferring the appeal against the judgment and award dated 20.12.2021 passed by the learned Principal Senior Civil Judge, Godhra in LAR No.353 of 2013 and 354 of 2013.

2. The First Appeal is preferred against the judgment and award wherein the acquisition was for acquiring the land for the purpose of approach route to the Government Polytechnic College at Godhra.

NEUTRAL CITATION

C/CA/660/2025 ORDER DATED: 22/09/2025

undefined

3. The appeal is preferred with delay of 855 days, wherein in the pleadings itself, delay has been explained in Para-5 and 6 of the application for delay condonation. Reasons for delay have been substantiated by Additional Affidavit of Deputy Executive Engineer, R&B Sub-division, Godhra, wherein day to day delay has been sought to be explained.

4. This Court has issued Rule under order dated 18-06-2025. The Court having found that State Government has explained delay and the same has been substantiated by Additional Affidavit, which is not controverted by any other pleadings on behalf of respondent. Considering the aforesaid, particularly, period of 855 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.

5. Considering the submissions and the contents of the para mentioned hereinabove, the delay is also explained sufficiently.

6. A reference in this regard may be made to the judgment of the Supreme Court in case of State Of Haryana vs Chandra Mani reported in 1996 SCC (3) 132.

7. In view of the aforesaid, the application is allowed. Rule is made absolute to the aforesaid extent. The delay of 855 days in preferring the appeal against the judgment and award dated 20.12.2021 passed by the learned Principal Senior Civil Judge,

NEUTRAL CITATION

C/CA/660/2025 ORDER DATED: 22/09/2025

undefined

Godhra in LAR No.353 of 2013 and 354 of 2013 is hereby condoned. Registry is directed to list the main appeal in due course.

(A.Y. KOGJE, J)

(J. L. ODEDRA, J) PARESH SOMPURA