IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5267 of

2025 In F/CROSS OBJECTION NO. 14748 of 2021 ==========================================================

HEIRS OF DECEASED ISHWARBHAI CHELABHAI RABARI & ORS.

Versus SPECIAL LAND ACQUISITION OFFICER, NARMADA YOJNA UNIT NO 8 PALANPUR & ANR.

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Appearance:

MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.

1,1.1,1.2,1.3,1.4 MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4 MR. SHIVAM DIXIT, AGP for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 16/12/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. Rule returnable forthwith. Learned AGP waives service of notice of rule on behalf of the respondent-State.

2. This application is filed by the applicants under Section 5 of the Limitation Act for condoning the delay of 364 days in filing the Cross Objection in First Appeal No.150 of 2019.

3. The Appeal is admitted by order dated 14-02-2019 and thereafter, present Cross Objection.

4. Learned Advocate for the applicants has relied upon averments made in the application for the delay in Cross Objection and submitted that as the applicants belong to poor strata of society, where they were not aware of their rights to prefer Cross Objection.

5. Learned Advocate for the applicants has submitted that it took sometime for collecting relevant papers, so that Cross Objection for enhancement can be filed.

6. Learned AGP for the respondent formally opposes the grant of application.

7. Having considered the fact that the Appeal preferred by the State stands admitted and delay explained, the Court is inclined to condone the delay of 364 days in filing the Cross Objection in First Appeal No.150 of 2019.

8. Considering the aforesaid, particularly, period of 364 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.

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

10. 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.

11. In view of the aforesaid, the application is allowed. Rule is made absolute to the aforesaid extent. The delay of 364 days in filing the Cross Objection in First Appeal No.150 of 2019 is hereby condoned.

12. At this stage, learned Advocate for the applicants voluntarily makes statement that original claimants and his heirs will not claim any interest for the delayed period in filing the Cross Objection.

(A.Y. KOGJE, J)

(J. L. ODEDRA, J)

PARESH SOMPURA