THE STATE OF GUJARATversusJADAVBHAI LIMBABHAI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The Court condoned the delay of 2,464 days, allowing the application for condonation of delay.
Summary
Two brothers filed separate land acquisition proceedings for the same parcel of land, one in the Reference Court at Bhavnagar (LAR No.12 of 2009) and another in the Reference Court at Botad. The Bhavnagar court initially awarded compensation of Rs.10 per square metre, which was later enhanced by the Coordinate Bench on appeal (First Appeal No.4558 of 2025). Simultaneously, the Botad court also granted compensation for the identical land. The applicant sought condonation of a 2,464‑day delay in filing the application, arguing that the respondent, though served, failed to appear. The High Court, noting the peculiar circumstance of duplicate proceedings and the respondent’s non‑appearance, exercised its discretion to condone the delay.
Issues considered
- Whether a delay of 2,464 days in filing a condonation application can be condoned under the Civil Procedure Rules.
Subjects
Judgment
C/CA/2493/2026 ORDER DATED: 27/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2493 of
2026
In F/FIRST APPEAL/15270/2026
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THE STATE OF GUJARAT & ANR.
Versus
JADAVBHAI LIMBABHAI & ORS.
==========================================================
Appearance:
MS DHARITRI PANCHOLI ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1,2
RULE SERVED for the Respondent(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 27/07/2026
ORDER
1. It is a peculiar fact and circumstance, whereby for
acquisition of the same land, two different brothers have filed
two different acquisition proceedings. One before the learned
Reference Court at Bhavnagar and another before the learned
Reference Court at Botad.
2. Proceeding filed at the learned Reference Court, Bhavnagar
was LAR No.12 of 2009 and it was decided in favour of the
claimants for enhancing the amount of Bagayat land from Rs.6/-
to Rs.10/- per sq.mtr.
3. The claimants had preferred First Appeal No.4558 of 2025
which was allowed and the Co-ordinate Bench has enhanced the
amount of compensation. Simultaneously, the learned Reference
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C/CA/2493/2026 ORDER DATED: 27/07/2026
Court, Botad has also decided the matter and granted the
compensation for the very same acquired land.
4. In view of this peculiar fact and circumstance, the delay of
2464 days is condoned, noticing that the other side, despite
being served, did not remain present.
(J. C. DOSHI,J)
PARMAR KRISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 27/07/2026 16:12:56
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