IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4613 of 2025 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/FIRST APPEAL NO. 4613 of 2025 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. 4613 of 2025 ==========================================================

THAKORE AGARAJI BABAJI Versus SPECIAL LAND ACQUISITION OFFICER & ANR.

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Appearance:

MR AV PRAJAPATI(672) for the Appellant(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 18/12/2025

ORAL ORDER

ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY)

NO. 2 of 2025

1. Learned advocate Mr. Prajapati for the applicant submits that the original claimant expired on 18.09.2021, which is subsequent to the judgment passed by the learned Reference Court dated 22.12.2010. Learned advocate Mr. Prajapati further submits that the applicants are the heirs of the deceased - claimant. However, the applicants were not aware about the legal proceedings and therefore, the application for bringing heirs was not filed in time and delay of 1425 days was caused in preferring the application.

2. The application is opposed by the learned AGP Ms. Himani Shah.

3. Considering the submissions made by the learned advocates for the respective parties, the present application is allowed. Delay of 1425 days is condoned.

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

2025

1. It emerges from the record that the applicants are the heirs of the deceased - claimant and therefore, they are required to be joined as parties in place of the deceased - claimant. In support of the submission, learned advocate Mr. Prajapati has placed on record a copy of the pedigree.

2. Considering the averments made in the application as well as considering the submissions of learned advocate Mr. Prajapati for the applicant, the present application is allowed. Applicant Nos.1/1 to 1/4 are permitted to be joined as the legal heirs of the original claimant. The amendment shall be carried out forthwith.

ORDER IN FIRST APPEAL NO. 4613 of 2025 The heirs of the deceased - claimant shall furnish an undertaking before this Court that they would not claim the interest for the delayed part as ordered by this court vide order dated 25.08.2021. The same shall be filed within a period of two weeks from today.

Stand over to 27.01.2026.

(M. K. THAKKER,J)

Vikramsinh Amarsinh