IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/FIRST APPEAL NO. 1706 of 2015 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/FIRST APPEAL NO. 1706 of 2015 ================================================================

LEGAL HEIRS OF RAJENDRASINH TAKHATSINH CHAUHAN & ORS.

Versus SPECIAL LAND ACQUISITION OFFICER, THARAD, BANASKANTHA ===============================================================

Appearance:

MR RAXIT J DHOLAKIA(3709) for the PETITIONER(s) No.

1,1.1,1.1.1,1.1.2,1.1.3,1.1.4,1.1.5,1.2 MS. POOJA CHAUDHARY, AGP, for the RESPONDENT(s) No. 1 ===============================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 02/12/2025

IA ORDER

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

ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025

1. Rule returnable forthwith. Learned AGP waives service of notice of rule on behalf of the respondent No.1. 2. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 10 days in preferring the Civil Application for legal heirs of applicant No.1/1 on record of present First Appeal No.1706 of 2015.

3. Learned advocate has drawn attention of this Court to the contents of para-4 of the application, wherein it stated that the applicants have preferred an application for bringing the heirs of the deceased applicant on record before this Court in FA No.1706 of 2015. However, in preferring the Civil Application for bringing heirs in First Appeal some delay has been caused. The applicants when came to know about the fact that the heirs of the deceased litigant is required to brought on record in stipulated time period prescribed under the law from their advocate and they were advised by him to prefer Civil Application before this Court. However, in preferring Civil Application for bringing legal heirs on record delay of 10 days have been caused

4. Therefore, learned advocate has drawn attention of this Court to the reasons for which delay has occurred.

5. Considering the aforesaid, particularly, period of 10 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.

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

7. 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 Cause” was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.

8. In view of the aforesaid, the application is allowed. The delay of 10 days caused in preferring the Civil Application for legal heirs of applicant No.1/1 on record of present First Appeal No.1706 of 2015 is hereby condoned. Rule is made absolute to the aforesaid extent.

Registry is directed to list the main appeal in due course.

ORDER IN CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025

1. This application is filed by the applicant for bringing legal heir and representative of applicant No.1/1-

Chauhan Sobhagayakuvar, who expired on 25.06.2025.

2. It is submitted that the First Appeal is pending for Final hearing before this Court. It is further submitted that as the applicant No. 1/2 inquired about the listing of the matter for final hearing the fact of death of applicant No.1/1 was informed by him and it has been reported that applicant No.1/1 namely, Chauhan Sobhagayakuvar Rajendrasinh expired on 25-06-2025. The copy of death certificate and pedhinama is produced at Annexure-A. It is further submitted that in addition to heirs mentinoed in para-3 of the applicant, applicant No. 1/2 is also the heir of the deceased applicant No.1/1,