(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. This application has been filed by the heirs of deceased Surajba Dosaji Jadeja, seeking condonation of delay of 1430 days in filing the First Appeal. First Appeal is directed against the judgment and decree passed by learned 3rd Joint Civil Judge (S.D.), Jamnagar on 24.3.2003 in Special Civil Suit No.9 of 2001. Such suit was filed by Surajba Dosaji Jadeja. Since she died on 16.8.2006, her heirs are pursuing the present proceedings.
2. Proceedings pertain to immovable property, bearing Survey No.60 of Moti Khavadi, admeasuring 4 acre and 30 gunthas. The applicant claimed that such land was allotted to the husband of deceased Surajba Jadeja for personal cultivation, as an ex-army man. It is not in dispute that such land was acquired by the Government for and on behalf of respondent No.2- Reliance Petroleum Limited. Land acquisition proceedings resulted into a consent award passed in favour of Jemal Lakhanshi. It appears that after cancellation of the grant in favour of the husband of deceased Surajba Jadeja, such land may have been allotted by the Government to Jemal Lakhanshi. Award itself was passed way back on 12.9.1994. Be that as it may, deceased Surajba Dosaji Jadeja preferred Special Civil Suit and asserted her right over the land in question and contended that the Government passed order cancelling allotment without hearing plaintiff. Suit came to be dismissed by the Trial Court on various grounds, including ground of limitation.
3. It is this judgment and decree, which the heirs of deceased Surajba Dosaji Jadeja challenged in First Appeal and since there was delay in preferring the appeal, they moved application for condonation of delay of 1430 days .
4. We have heard learned counsel for the parties and perused the pleadings on record. We noticed that to explain such inordinate delay, applicant stated that they are uneducated and poor persons and have no knowledge of legal proceedings. Deceased Surajba Dosaji Jadeja had remained bedridden for a long period of time. After her death, family was upset due to her continuous sickness. It is also stated that family did not have sufficient means to prefer the appeal.
5. Respondent No.2 filed detailed affidavit dated 2.4.2012 and opposed the delay condonation application, pointing out that the land acquisition proceedings culminated way back on 12.9.1994. Land holder Jemal Lakhanshi was granted compensation. It was only in the year 2001 that Surajba Dosaji Jadeja challenged such acquisition proceedings. Such suit itself was filed after 7 years and was, therefore, rightly dismissed by the Trial Court.
6. We do not find any supporting document on record, to accept the statements made in the delay condonation application. No details of the illness of deceased Surajba Dosaji Jadeja are produced. There is no other record suggesting that she passed through the prolonged illness before she expired. Even after her death on 16.8.2006, no further details are given, why appeal could be filed on or around 11.6.2007 Further, we also noticed that the land acquisition proceedings with respect to the same land had culminated in payment of compensation in favour of the land holder whose named appeared in the revenue record at the relevant time, way back in 1994. Insofar as respondent No.2 is concerned, it had discharged its liability of paying compensation fixed by the authorities/Court.
7. Under the circumstances, we do not find any justification in condoning the gross and inordinate delay of 1430 days for want of sufficient explanation. The application is dismissed. Rule is discharged. Resultantly, First Appeal stands terminated.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top