Gujarat High Court
Veraval Taluka Panchayat vs Hirabhai Devabhai Vadher on 18 August, 2020
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/8427/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8427 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 17220 of 2016
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 17220 of 2016
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BODUBHAI ISABHAI KATHI
Versus
TALUKA PANCHAYAT OFFICE
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Appearance in Special Civil Application No.8427 of 2020
MR SL VAISHYA(960) ADVOCATE for the Petitioner(s) No. 1,2,2.1,2.2
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 1
Appearance in Special Civil Application No.17220 of 2016
MR HS MUNSHAW for the Petitioner(s)
MR.NIKHIL KARIEL ADVOCATE for respondent no.1
MR SL VAISHYA(960) for the respondent no. 2
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CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 18/08/2020
COMMON ORAL ORDER
1. Special Civil Application No.17220 of 2016 has been filed by the Veraval Taluka Panchayat challenging the order dated 30.07.2016 passed by the 4th Additional District Judge (ad-hoc), Gir-Somnath, Veraval, passed in Misc. Civil Application No.8 of 2016.
2. The facts in brief are that the respondent nos.1 and 2 approach the Civil Court at Veraval by filing Regular Civil Suit No.415 of 1996 before the Civil Judge (Senior Division), Veraval.
3. By a judgment dated 31.07.2014, the suit of the respondent nos.1 and 2 was allowed and the petitioner herein was directed to regularize the services of the respondent nos.1 and 2. The Taluka Panchayat wanted to prefer an appeal before the appropriate Court i.e. the District Court at Veraval. There was a delay of 17 months Page 1 of 3 Downloaded on : Sat Aug 22 15:00:16 IST 2020 C/SCA/8427/2020 ORDER in filing such appeal. Hence, the application for delay condonation was filed. Reading the application indicates that a delay of 17 months occurred. Reasons have been stated in the application inasmuch as the advocate of the Panchayat suffered a heart-attack and there was some other administration reason for which the delay occurred. The learned Additional District Judge, Veraval, by his order dated 30.07.2016, dismissed the application and refused to condone the delay.
4. Special Civil Application No.8427 of 2020 has been filed by one of the plaintiffs to the suit viz. plaintiff no.2 in whose favour the judgment and decree was passed. His prayer in the petition is that though the judgment and decree was passed as early as in the year 2014, benefits are not being given to the petitioner.
5. Considering the totality of facts and in view of the issues involved in both the petitions being common i.e. implementation of the judgment and decree dated 31.07.2014, having heard Mr.H.S.Munshaw learned advocate for the petitioner of Special Civil Application No.17220 of 2016, Mr.Nikhil Kariel learned advocate for respondent no.1 in Special Civil Application No. 17220 of 2016 and Mr.Vaishya learned advocate for the petitioner of Special Civil Application No.8427 of 2020 who is respondent no.2 in Special Civil Application No. 17220 of 2016, interest of justice would be served if the order dated 30.07.2016 is quashed and set aside. Sufficient cause has been shown by the petitioner of Special Civil Application No.17220 of 2016 so that the learned Additional District Judge, Gir-Somnath, ought to have condoned the delay. The order rejecting the application for condonation of delay dated 30.07.2016 passed in Misc. Civil Application No.8 of 2016 is quashed and set aside. Delay in filing the appeal before the Page 2 of 3 Downloaded on : Sat Aug 22 15:00:16 IST 2020 C/SCA/8427/2020 ORDER Appellate Court is condoned. The appeal filed by the petitioner of Special Civil Application No.17220 of 2016 shall be registered by the appropriate Appellate Court and the same shall be heard on merits and decided within a period of four months from the date of receipt of copy of this order. It is hereby clarified that this limit of 4 months is subject to the parties to the proceedings cooperating with the Appellate Court in hearing the appeal.
6. It is further clarified that in the event the order of the Appellate Court is adverse to the petitioners of Special Civil Application No.17220 of 2016 and in the event the Panchayat fails to obtain any interim stage against the order in appeal if it is adverse to them, they shall comply with the same.
7. Registry to accept Vakalatnama of learned advocate Mr.H.S.Munshaw for respondent no.1 in Special Civil Application No.8427 of 2020.
8. Both the petitions are disposed of. No orders on Civil Application.
(BIREN VAISHNAV, J) ANKIT SHAH Page 3 of 3 Downloaded on : Sat Aug 22 15:00:16 IST 2020