Mokabhai Kanabhai vs State Of Gujarat

(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)

1. By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay of 2284 days caused in filing the captioned first appeal wherein, the judgment and order dated 14.3.2013 passed by the learned Principal Senior Civil Judge, Junagadh in Land Reference Case No.106 of 2004 is subject matter of challenge.

2. Heard Mr. Nitin Amin, learned advocate for the applicant and Ms. Vrunda Shah, learned Assistant Government Pleader for the respondents.

3. Mr. Nitin Amin, learned advocate for the applicant invited the attention of the court to an order dated 25.11.2019 passed by co-ordinate bench in Civil Application No.2735 of 2019 to submit that in case of similarly situated applicants, this court has condoned the delay of 2280 days. It was submitted that Page 1 of 2 Downloaded on : Thu Jan 16 00:10:52 IST 2020 C/CA/3859/2019 ORDER therefore, apart from the fact that the applicant has duly explained the delay that has occasioned in preferring the first appeal and that even on the grounds of parity, the delay deserves to be condoned.

4. This court has also heard Ms. Vrunda Shah, learned Assistant Government Pleader for the respondents.

5. Having regard to the fact that a co-ordinate bench has already condoned the delay of 2280 days in case of similarly situated applicants, this court is of the view that on the ground of parity, the delay that has occasioned in preferring the captioned first appeal deserves to be condoned.

6. The application therefore, succeeds and is accordingly allowed. The delay caused in filing the first appeal is hereby condoned. Rule is made absolute accordingly with no order as to costs.

(HARSHA DEVANI, J) (SANGEETA K. VISHEN,J) BINOY B PILLAI Page 2 of 2 Downloaded on : Thu Jan 16 00:10:52 IST 2020