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2021 Supreme(Guj) 658

ARAVIND KUMAR, MAUNA M.BHATT
STATE OF GUJARAT – Appellant
Versus
CHANDUBHAI DESAIBHAI – Respondent


Advocates Appeared:
For the Appellant : MR. TIRTHRAJ PANDYA
For the Respondent: MR. DEVEN PARIKH, MR SP MAJMUDAR, MR. NISHIT P GANDHI

ORDER :

ARAVIND KUMAR, J.

1. The order of learned Single Judge dated 24.04.2013 passed in Special Civil Application No. 18414 of 2011 has been challenged in Letters Patent Appeal No. 14952 of 2020. On account of there being delay of 2618 days, Civil Application No. 2068 of 2020 has been filed seeking condonation of the same. The said application has been resisted to by the contesting respondents by filing detailed statement of objections.

2. In order to examine as to whether the delay deserves to be condoned, incidentally we called upon the learned Assistant Government Pleader to address the arguments on main matter also, and having heard the learned Assistant Government Pleader, Mr. Tirthraj Pandya appearing for the appellants, Mr. Deven Parikh, learned Senior Advocate appearing with Mr. S.P. Majmudar for the respondent No. 3.1 and learned advocate Mr. Nishit Gandhi appearing for the respondents Nos. 4.1.2 to 4.1.4, we are of the considered view that even delay deserves to be condoned, on merits appeal deserves to be dismissed and by condoning the delay and admitting the appeal would only be an exercise in futility for the reasons indicated herein below.

3. The land bearing Survey No.

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