IA ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

Order in Civil Applications (for Additional Evidence) no.1 of 2023 in R/First Appeal no.1598 of 2016 and R/First Appeal no.1616 of 2016:

Mr Tushar L. Sheth, learned advocate for the applicant submitted that application has been filed producing additional evidence indicating that the land of the applicant, was irrigated land.

Captioned civil applications to be heard with First Appeals.

Order in Civil Application (for Condonation of Delay) no.2 of 2023 in Civil Application no.1 of 2023 in R/First Appeal no.1614 of 2016:

1. Captioned application, has been filed seeking condonation of delay of 716 days caused in preferring the application for bringing heirs on the record.

2. Mr Tushar L. Sheth, learned advocate has made submissions along the lines of the averments made in the application. It is urged that the delay may kindly be condoned.

3. Issue Rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondents.

4. Ms Foram Trivedi, learned Assistant Government Pleader has no objection if the delay is condoned.

5. In view of the above and considering the documents placed on the record, the delay of 716 days caused in preferring the application for bringing legal heirs on the record deserves to be condoned and is hereby condoned.

6. Civil application succeeds and is accordingly allowed. Rule is made absolute to the aforesaid extent. No order as to costs.

Order in Civil Application (for Bringing Heirs) no.1 of 2023 in R/First Appeal no.1614 of 2016:

1. Captioned application has been filed for bringing legal heirs of original appellant no.2 on the record of the captioned appeal.

2. Heard Mr Tushar L. Sheth, learned advocate for the applicants.

3. Issue Rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondents.

4. Ms Foram Trivedi, learned Assistant Government Pleader has no objection, if the captioned civil application is allowed and proposed applicants are brought on record.

5. Having regard to the averments made in the application so also the submissions, this Court is of the opinion that the present civil application deserves to be allowed and is accordingly allowed in terms of paragraph 4 (a). Proposed applicants are permitted to be impleaded on the record of the captioned appeal. Rule is made absolute to the aforesaid extent. No order as to costs.

6. Necessary amendment to be carried out in the cause title of the main first appeal within a period of two weeks from today.

(SANGEETA K. VISHEN,J)

(NIRAL R. MEHTA,J)

RAVI P. PATEL