PATEL RATILAL REVABHAI Vs. PROJECT MANAGER

JUDGEMENT

(1.) Present appeal arises from an award dated 03.02.2009 passed by the Reference Court in Land Reference Case No.1220/1996, whereby the learned Reference Court has dismissed the reference as time barred.

(2.) Mr.Jigar G. Gadhavi, learned Advocate, has appeared for the appellant and Mr. Ajay R. Mehta, learned Advocate, has appeared for opponent No.1 and Ms.V. S. Pathak, learned Assistant Government Pleader, has appeared for opponent No.2. Heard the learned Counsel. Rule. Having regard to the joint request by the Counsel for the parties and considering the fact that a limited issue is required to be examined, the Rule is made returnable forthwith. Mr.Mehta has waived the service of notice of Rule. Mr. Gadhavi has requested to decide the issue finally at this stage. Hence the appeal is taken up for hearing and decision today.

(3.) It deserves to be mentioned that present appeal was filed 134 days after the prescribed period of limitation. However, so as to enable the appellant to address the appeal on merits and with a view to ensuring that the appellant's chance of opposing the award on merits may not be lost, by order dated 19.03.2010, the delay caused in preferring the appeal, was condoned.