IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1338 of 2004 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/FIRST APPEAL NO. 1338 of 2004 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. 1338 of 2004 With R/CROSS OBJECTION NO. 136 of 2009 In R/FIRST APPEAL NO. 1338 of 2004 ==========================================================

STATE OF GUJARAT & ORS.

Versus VITTHALBHAI MADHAVLAL PATEL ==========================================================

Appearance:

MR BHARAT VYAS, AGP for the Appellant(s) No. 1,2,3,4 MR KG SUKHWANI(871) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 11/03/2026

JUDGMENT

1. CA for condonation of delay is filed to condone the delay in preferring CA for bringing legal heirs of the sole respondent and to set aside the abatement.

2. Considering the averments made in the application, both the CAs are disposed of condoning the delay, setting aside the abatement and permitting the applicants to bring legal heirs of the respondent on record. Necessary amendment to be carried out forthwith.

3. Since deceased respondent has filed cross objection in the matter, the effect of this order is also given in the cross objection and accordingly, heirs of deceased respondent are permitted to be brought on record in the cross objection as well. Accordingly, amendment shall be carried out in the cross objection.

4. For the sake of convenience and brevity, parties are referred to as per their original status before the learned trial Court.

5. Present First Appeal is directed against the judgment and decree dated 25.9.2002 passed by the learned 3^rd Joint Civil Judge (SD), Mehsana, whereby the defendants of the suit were directed to pay total amount of Rs.1,40,000/- with interest at the rate of 6% per annum to the plaintiff from filing of the suit till realization and accordingly, the suit was decreed.

6. The plaintiff has also filed the cross objection for recovery of Rs.6,44,875/- from the defendants.

7, Brief facts of the case are as under:-

7.1 The Plaintiff carries on business as contractor at the address shown in the cause title. The defendant No.2 Shri Hasmukhbhai G. Nayak Vi snagar Dy. Executive Engineer, R & B Sub Division, Shri R. G.Patel & Section Officer, Mr. Pandya all serving under the defendant No.1 approached the plaintiff in the month of August. 1996 for executing the side filling earthwork in embankment from borrow pits and leads upto 50 meters to 1000 meters on both the sides of the road in average 2 meter width and average 0.25 meter high thickness between Vi snagar Umta Sundhia Kheralu Road Km. 21/00 to

41/2.

7.2 That all the above named officers prevailed upon the plaintiff and convinced that because of Ambaji Mata Bhadarva Poonam festival lacs of people and " Mataji Sanghas" take part in the festival by foot (Pagpala) and it is necessary to do the work. The officers however, expressed their difficulty to the effect that the work will not be approved by the defendant No.1 immediately and it will takes some time.

7.3 These officers directed the plaintiff to do the work and assured that the approval will be obtained from the defendant No.1. In the meantime the work should be started by the plaintiff. The Plaintiff accordingly on the assurance of these officers started the work under the supervision of these officers. The estimated cost of the work was Rs. 4,75,000/-.

7.4 That between 21/8/1996 to 03/09/1996, seven tractors were engaged for executing the work between 7.00 A.M. to 13.00 hours and 14.00 hours to 19.00 P.M and between 09-09- 1996 to 24-09-1996, once again, seven tractors were engaged for executing the work between 7.00 A.M. to 13.00 hours and

14.00 hours to 19.00 P.M.

7.5 The Section Officer had accordingly informed regarding the execution of the work to the then concerned Executive Engineer. That one Shr