RAJESHBHAI BHIKHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned AGP waives service of notice of admission for the opponent no.1.

(2.) At the outset, learned advocate Mr.Satta has submitted that the issue is covered by the judgment and order dtd. 29/6/2022 passed by the Coordinate Bench of this Court in First Appeal No.862 of 2022 and allied matters. It is submitted that in the present case also, the impugned judgment and order rejecting the reference proceedings by the reference Court has been passed only on the ground that the claimant was unable to adduce any evidence, even after affording ample opportunities to them. It is submitted that a last opportunity may be given to the appellant- claimant to adduce evidence before the Court below and as per the observations made by this Court vide order dtd. 29/6/2022, for intervening period i.e. from the date of judgment till passing of the order of this Court, in the present appeal also, the appellant-claimant will not claim any interest.

(3.) Learned AGP on the contrary, has submitted that the order passed by the Court below is appropriate since the same reflects that despite giving ample opportunities to the claimant, the appellant did not adduce any evidence and the issues were framed below Exh.5. It is submitted that the burden is raised on the appellant-claimant to prove their case in the case of claiming the compensation and hence, no order may be passed.