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NEUTRAL CITATION

C/FA/153/2013 ORDER DATED: 20/04/2026

0.24243809371278902

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 153 of 2013

With

CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3 of 2025

In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2025

In R/FIRST APPEAL NO. 153 of 2013

With

CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2025

In R/FIRST APPEAL NO. 153 of 2013

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GHANSHYAMSINH BAHRATSINH & ORS.

Versus

EXECUTIVE ENGINEER & ANR.

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Appearance:

MR NISHANT LALAKIYA(5511) for the Appellant(s) No. 1,2,3,4,5,6,7

MR SATYAM Y CHHAYA(3242) for the Appellant(s) No. 1,2,3,4,5,6,7

MR BHARAT VYAS AGP for the Defendant(s) No. 1,2

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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 20/04/2026

ORDER

ORDER IN CIVIL APPLICATION (FOR CONDONATION OF

DELAY ) NO.3 OF 2025 IN CIVIL APPLICATION (FOR

BRINGING HEIRS ) NO.2 OF 2025 IN FIRST APPEAL NO . 153

OF 2013 .

1. The present application is filed by heirs and legal

representative of deceased appellant no.3 Jayvirsinh

Bharatsinh Jadeja to condone the delay of 5243 days caused in

filing the application for bringing themselves on record in

place of deceased appellant no.3 - Jayvirsinh Bharatsinh

Jadeja.

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NEUTRAL CITATION

C/FA/153/2013 ORDER DATED: 20/04/2026

0.24243809371278902

2. Heard learned advocate Mr. Haribhai Patel for the

applicants and learned Assistant Government Pleader

Mr.Bharat Vyas for the respondent State.

3. Having referred to the contentions raised in the

application filed under Section 5 of the Limitation Act, 1963,

learned advocate Mr.Patel for the applicants would submit

that heirs and legal representative of original appellant no.3

were illiterate peasant and they were not knowing that they

were required to be brought on record in the main appeal and

thereby delay of 5243 days caused in filing the appeal.

Learned advocate Mr.Patel further submits that present

applicants are bona fide and once the file has been put to the

hands of learned advocate Mr.Patel, it comes to the

knowledge that they are required to be brought on record in

place of deceased appellant no.3. Therefore, learned advocate

Mr.Patel requests the Court to take the lenient view and allow

the present application to bring heirs of deceased appellant

no.3 on record.

4. The prayer of the learned advocate Mr.Patel for the

applicants has been vehemently objected by learned Assistant

Government Pleader Mr.Bharat Vyas contending that no

reason much less sufficient reason could be pleaded or argued

by the learned advocate for the applicant to condone huge

delay of 5243 days and, therefore, he prays to dimsiss the

present application.

5. Having heard learned advocates for both the sides and

having gone through the records, it appears that deceased

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NEUTRAL CITATION

C/FA/153/2013 ORDER DATED: 20/04/2026

0.24243809371278902

appellant whose heirs are before this Court, had come to this

Court challenging the judgment and award passed by the

learned Reference Court along with other appellants and it is

joint appeal filed by as many as seven in numbers. Admittedly,

out of seven appellants, appellant nos.2 and 3 have expired.

Learned advocate Mr.Patel submitted that as far as deceased

appellant no.2 viz. Bhakunvarbaa Bharatsinh Jadeja is

concerned, her heirs are already on record and, therefore,

there is no need to bring her heirs on record, however, he

submitted that appellant no.3 survived by co-heirs and legal

representatives for the proper adjudication and as such in the

first appeal heirs and legal representatives of deceased

appellant no.3 are required to be brought on record.

6. Ordinarily, this Court would have denied to bring on

record of deceased appellant no.3 a