(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Appeal is admitted. Learned Advocate Mr. NK Majmudar waives notice of admission of appeal on behalf of the respondents. At the request of the learned advocates appearing for the parties, the appeal is taken up for final hearing forthwith.
2. This first appeal filed by the State Government challenges judgment and award dated 12.2.1999 rendered by the learned Assistant Judge, Sabarkantha in Land Reference Case No. 1547 of 1989 which came to be disposed of along with connected Land Reference Case No.1542 to 1648 of 1989 by common judgment and award.
3. Learned A.G.P. for the appellants submitted that by judgment and order dated 5.7.2001 passed in First Appeal No. 6566 of 1999 and connected appeals, the proceedings were remanded before the Reference Court for fresh consideration. Such appeals pertain to the very same award of the Reference Court. Learned A.G.P. further pointed out that subsequently in remaining number of appeals being First Appeal No. 6571 of 1999 and connected appeals, Division Bench of this Court, by order dated 27.9.2010 again remanded the proceedings. It was pointed out that the present appeal was left out from the above groups. It was submitted that since the appeal arises out of the same judgment of the Reference Court, in the present proceedings also, remand may be ordered.
4. Learned Advocate for the original claimants does not dispute the above proposition.
5. In the facts and circumstances of the case, in view of the previous decisions in case of same Land Reference Proceedings, this appeal is partially allowed. Judgment and award of the Reference Court in L.R.C. No. 1547 of 1989 dated 12.2.1999 is set aside. The proceedings are remanded to the Reference Court for fresh consideration and disposal in accordance with law, of course, bearing in mind the observations that may have been made in the above noted orders dated 5.7.2001 and 27.9.2010 passed by the Division Bench of this Court.
6. In view of the order passed in the First Appeal, Civil Application does not survive and is disposed of accordingly.
(Akil Kureshi,J.) (C.L.
Soni,J.) an vyas Top