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NEUTRAL CITATION

C/CA/848/2026 ORDER DATED: 24/03/2026

0.07491643997980113

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 848 of

2026 In F/FIRST APPEAL/30116/2025 =========================================================

DECD. PARVATIBEN SHAMJIBHAI SUVAGIA & ORS.

Versus THE STATE OF GUJARAT & ORS.

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Appearance:

MR NITIN M AMIN(126) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9 MR SANJAY M AMIN(130) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9 MR SHAILESH DESAI AGP for the Respondent(s) No. 1,2

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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 24/03/2026

ORDER

1. Heard learned advocate Mr.Nitin Amin for the applicants and learned Assistant Government Pleader Mr.Ashish Desai

for the respondent State.

2. This is an application filed under Section 5 of the Limitation Act, 1963 whereby the original claimant seeks relief to condone the delay of 2424 days caused in filing the first appeal against the judgment and award passed in Land Reference Case No.49 of 2003 by learned Principal Senior

Civil Judge, Junagadh dated 30.10.2018.

3.1 Learned advocates for the applicant has in paras:2 to 6 of the application has averred the reasons for condonation of delay by referring the judgment of Hon’ble Supreme Court as well as of this Court and ultimately prayed to condone the

delay.

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NEUTRAL CITATION

C/CA/848/2026 ORDER DATED: 24/03/2026

0.07491643997980113

3.2 Learned advocate Mr.Amin for the applicant submits that applicant has very good case. He further submits that the Special Land Acquisition Officer as well as Reference Court has not considered the grant of compensation on the value of mango trees standing on the land acquired for the public purpose. In view of the same, he submits that since the applicant has very good case, the delay caused in filing the main appeal be condoned considering the reasons stated in

the application.

4.1 As against this, learned Assistant Government Pleader Mr.Desai submits that there is no sufficient reason or cause pleaded by the applicant in the application to condone the delay. In absence of sufficient caused explained, this Court cannot condone the huge delay of 2424 days taking liberal approach. He, therefore, prays to dismiss the present

application.

5.1 At the outset, the solitary averment referred to in para:2 explaining the cause of delay reads as under.

“2. The reference court delivered its judgment in 30/10/18. Certified copy of the same was applied on 21/12/18. It was ready for delivery on 24/12/18. The respondents had deposited compensation amount in December 2020. There after the compensation amount was disburse by the reference court in January 2021. The applicant claimant for no fault of them are awarded less amount than what ought to have received. The possession of the land was taken over in 1999 and during this period of 20 years the applicants had incurred huge debt and after repaying their dues with great difficulty they have managed for court fees to prefer this appeal as compensation of their lands are awarded as non-irrigated

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NEUTRAL CITATION

C/CA/848/2026 ORDER DATED: 24/03/2026

0.07491643997980113

land contrary to the evidence on record. There is no fault of the applicants, and the circumstances were / are

beyond their control.”

5.2 According to the contents of the application, the compensation amount has been deposited in the year 2020 which was disbursed to the applicant in the year 2021 and thereafter the applicant was managing for funds towards Court Fees which took time for the applicant to file appeal in

the year 2025 against the impugned judgment and award.

5.3 Apart from aforesaid reasons, there is no reason