IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6183 of

2025 In F/FIRST APPEAL/32016/2025 ================================================================

PANKAJKUMAR HIMATLAL SHAH Versus ADDITIONAL COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER & ORS.

===============================================================

Appearance:

ANURAG V AGRAWAL(9295) for the Applicant(s) No. 1 MR. SHIVAM DIXIT, AGP, for the Respondent(s) No. 1,3 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 05/01/2026

ORAL ORDER

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

1. Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondents.

2. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 79 days in preferring the appeal against the judgment and decree dated 24.04.2025 passed by the learned Principal Senior Civil Judge, Vagra at Bharuch in Land Reference Case No.44 of 2019.

3. Learned advocate has drawn attention of this Court to the contents of para-6 of the application, wherein it stated that as soon as the applicant came to know about the passing of judgment and decree, the applicant immediately applied for certified copy which was made available on 17.09.2025. Thereafter, the applicant approached advocate to prefer the appeal. Hence, the delay has been caused on these grounds. Further, it is submitted on behalf of the claimant that the claimant would not claim interest for the period of delay.

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

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

6. Considering the aforesaid, particularly, period of 79 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.

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

8. 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.

9. In view of the aforesaid, the application is allowed The delay of 79 days caused in preferring the appeal against the judgment and decree dated 24.04.2025 passed by the learned Principal Senior Civil Judge, Vagra at Bharuch in Land Reference Case No.44 of 2019 is hereby condoned. Rule is made absolute to the aforesaid extent. Registry is directed to list the main appeal in due course.

(A.Y. KOGJE, J)

(J. L. ODEDRA, J)

SIDDHARTH