High Court of Gujarat

SAGAR NARAN SAMATversusSTATE OF GUJARAT

Disposal: 46-ANY OTHER MODE @ FH
Bench: C DOSHI

Holding

The appellate court quashed the impugned judgment and remanded LRC No.151 of 2016 to the reference court for fresh determination.

Summary

The appellant, Sagar Naran Samat, challenged a judgment dated 29‑December‑2022 of the Principal Senior Civil Judge, Keshod, which dismissed LRC No.151 of 2016 on the ground that the claimants failed to produce evidence despite ample opportunity. The appeal was confined to LRC No.151 and was argued before the High Court of Gujarat by Mr. Yogesh Kumar A. Ratanpara, while the State was represented by AGP Mr. Bharat Vyas. The appellant relied on a prior decision of the Coordinate Bench in First Appeal No.4680 of 2023, where a similar matter was remanded for fresh consideration within three months. The respondent expressed no objection to the remand. The Court held that the lower court’s dismissal was erroneous, quashed the impugned judgment and award, and ordered the reference court to rehear the case, requiring the parties to tender evidence at the first hearing and to decide the matter within three months.

Issues considered

The propriety of dismissing LRC No.151 of 2016 for lack of evidence despite the opportunity to produce it
Whether the appellate court should set aside the lower court’s judgment and remand the case for fresh consideration

Subjects

Appellate jurisdictionCivil procedureEvidenceRemandJudgment quashHigh Court of Gujarat

Judgment

     C/FA/4463/2023                               ORDER DATED: 09/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 4463 of 2023
==========================================================
                           SAGAR NARAN SAMAT
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Appellant(s) No. 1
MR BHARAT VYAS, AGP for the Defendant(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 09/03/2026

                               ORAL ORDER


1.    Present First Appeal is directed against the common
judgment and award dated 29.12.2022, whereby the learned
Principal Senior Civil Judge, Keshod, Junagadh dismissed LRC
Nos.151 of 2016 to 153 of 2016 on the ground that the
original claimants have not produced evidence despite given
su*icient opportunity.


2.    Present First Appeal is con+ned to the judgment and
award passed in LRC No.151 of 2016.


3.    Heard learned advocate Mr. Yogesh Ratanpara for the
appellant and learned AGP Mr. Bharat Vyas.


4.    Learned advocate Mr. Ratanpara places on record
judgment of the Coordinate Bench of this Court in First Appeal
No.4680 of 2023 and submits that in an identical matter, the
Coordinate Bench of this Court has remanded the matter back
to the learned Reference Court for fresh consideration, within


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          C/FA/4463/2023                                                          ORDER DATED: 09/03/2026




three months from the date of receipt of that order. He would
therefore, submitted that the present First Appeal deserves
same fate of decision by quashing and setting aside the
impugned judgment and award.


5.         Learned AGP, in his utter fairness, has no objection if the
present First Appeal is allowed and the matter is remanded
back to the learned Reference Court.


6.         In view of above, present First Appeal is allowed and
impugned judgment and award dated 29.12.2022, passed by
the learned Principal Senior Civil Judge, Keshod, Junagadh in
LRC No.151 of 2016, is hereby quashed and set aside.


6.1        LRC NO.151 of 2016 is restored to the proceedings of the
learned Reference Court.


6.2        The parties to the proceedings shall tender evidence on
first date of hearing.


6.3        The learned Reference Court is directed to decide the case
afresh and in accordance with the evidence led before it and as
early as possible, preferably within three months from the date
of receipt of copy of this order.


6.4        Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.

                                                                                                (J. C. DOSHI,J)
SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 09/03/2026 17:50:35


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