ORAL ORDER

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

Order in Civil Application (for condonation of delay) no.2 of 2024:

By this application, the applicants have prayed for condoning the delay of 764 days caused in filing the application for bringing heirs of the original claimants in the First Appeal.

2. Mr Jinesh H. Kapadia, learned advocate for the applicants submitted that the original claimant since was aggrieved, has preferred Cross Objection against the impugned judgment, while the State Government has also preferred an appeal. During the pendency of the Cross Objection and appeal, that the original claimant has passed away on 19.02.2022 and therefore, steps were required to be taken by the State Government; however, no steps were taken. The applicants, who are the heirs, were not aware about the nuances of the proceedings to be initiated before this Court. It is only after the learned advocate was approached that steps were taken. Hence, the delay of 764 days. Request is made for condoning the same.

3. Ms Foram Trivedi, learned Assistant Government Pleader, concedes to the fact that steps have not been taken by the State Government; however, it is urged that appropriate order be passed.

4. Heard the learned advocates appearing for the respective parties.

5. Issue rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

6. Having regard to the averments, so also the oral submissions made, the captioned application seeking condonation of delay, deserves to be allowed and is hereby, allowed. Delay of 764 days is condoned. Rule is made absolute. No order as to costs.

Order in Civil Application (for bringing heirs) no.1 of 2024:

Mr Jinesh H. Kapadia, learned advocate for the applicants, has tendered a draft amendment. Amendment is allowed in terms of the draft. Same shall be carried out forthwith.

2. Captioned application has been filed by the applicants being the legal heirs of Harijan (Dodaniya/Parmar) Savabhai Jodhabhai and are desirous of being joined as party respondents in the captioned proceedings.

3. Mr Jinesh H. Kapadia, learned advocate submitted that the original claimant passed away on 19.02.2022 and as per the pedigree at Annexure-B (page 7), the applicants are the legal heirs of the original claimant and are required to be joined as respondents in the First Appeal and applicants – appellants in the Cross Objection.

4. Ms Foram Trivedi, learned Assistant Government Pleader urges for passing necessary order.

5. Heard the learned advocates appearing for the respective parties.

6. Issue rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

7. Having regard to the averments, so also the submissions, the present application deserves to be allowed and is hereby allowed in terms of paragraph 5(B). Rule is made absolute. No order as to costs.

Order in Cross Objection no.330 of 2023:

Registry is directed to list the R/First Appeal no.2844 of 2019 together with Cross Objection no.330 of 2023 in the week commencing from 17.02.2025.

(SANGEETA K. VISHEN,J)

(NIRAL R. MEHTA,J)

BINOY B PILLAI