High Court of Gujarat

SPECIAL LAND ACQUISITION OFFICERversusSABABSANG SHIBHABHAI

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The court held that the application may proceed only if the heirs of the unserved expired respondent are brought before the court by the stipulated deadline, otherwise the proceedings will be dismissed for default.

Summary

The Special Land Acquisition Officer and another party filed a civil application seeking condonation of delay before the Gujarat High Court. The respondent, Sababsang Shibhbai, was an unserved expired deceased, and the court noted that the heirs of the respondent had not been brought before it. The issue before the court was whether the application could be entertained despite the delay and the procedural lapse of not notifying the heirs. The court, exercising its inherent powers, directed the applicant's advocate to ensure that the heirs are presented before the court by a specified date. Failure to comply would result in dismissal of the proceedings for default. The order was issued on 16 March 2026, with a further date of 30 April 2026 to stand over the matter.

Issues considered

Whether the court can condone the delay in filing the application for condonation of delay.
Whether the failure to serve the heirs of an unserved expired respondent warrants dismissal of the proceedings.

Subjects

condonation of delaycivil procedureheirunserved expired respondenthigh court orderprocedural default

Judgment

           C/CA/6091/2024                                                   ORDER DATED: 16/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                         NO. 6091 of 2024
                  In F/FIRST APPEAL/34112/2024

   =====================================================
          SPECIAL LAND ACQUISITION OFFICER & ANR.
                            Versus
                   SABABSANG SHIBHABHAI
   =====================================================
   Appearance:
   MS. URVASHI PUROHIT, AGP for the Applicant(s) No. 1,2
   UNSERVED EXPIRED (R) for the Respondent(s) No. 1
   =====================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                        Date : 16/03/2026

                                                  ORDER

            Learned AGP to take steps to bring the heirs of sole
   unserved expired respondent before this Court on or before
   27.04.2026, or else present proceedings shall stand dismissed
   for default without referring the matter to the Court.

            Stand over to 30.04.2026.




                                                                                   (J.C. DOSHI, J.)
   Raj


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 17/03/2026 11:09:19




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