LALABHAI GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned AGP Ms.Patel and Mr.Barot waive service of notice of admission on behalf of the defendant No.1 of the respective appeals.

(2.) At the outset, learned advocate Mr.Satta has submitted that the issue is covered by the judgement 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 judgement and order rejecting the reference proceedings by the reference Court has been passed only on the ground that the claimants were unable to adduce any evidence, even after affording ample opportunities to them. It is submitted that a last opportunity may be given to the appellants-claimants 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 judgement till passing of the order of this Court, in the present appeal also, the appellants-claimants will not claim any interest.

(3.) Learned AGPs on the contrary, have submitted that the order passed by the Court below is appropriate since the same reflects that despite giving ample opportunities to the claimants, the appellants did not adduce any evidence and by the order dtd. 28/6/2016, the issues were framed and right to evidence was closed. It is submitted that the burden is raised on the appellants- claimants to prove their case in the case of claiming the compensation and hence, no order may be passed.