UNADBHAI PATABHAI Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) With the consent of the learned Advocates appearing for the respective parties, all the four applications being common are taken up for final disposal and are being disposed of by this common order.

(2.) Issue Rule returnable forthwith. Ms. Tejalben Rajput, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

(3.) Mr. Nitin Amin, learned Advocate appearing for the applicants submitted that the delay of 658 days has occurred in filing the captioned appeals by which the applicants have challenged the judgment dtd. 21/6/2018 passed by the learned Principal Senior Civil Judge, Rajula in Land Reference Case Nos. 325 of 2017 to 339 of 2017. It is submitted that the possession of the land was taken somewhere in the year 2001, and since the applicants were facing financial crunch, owing to the non-payment of the compensation for more than 20 years, the appeal could not be filed for want of court fees. It is when the applicants came to know that no Court fees would be payable, that the appeal is filed, only seeking a limited relief of remanding the matter and in the process, delay of 658 days has occurred. It is submitted that there is no negligence on the part of the applicants in not preferring the appeal, however, owing to the circumstances beyond control, the appeal could not be filed. It is further submitted that the applicants have a good case on merits and there are all chances that the applicants would succeed in the appeal and therefore, it is urged that the delay caused in preferring the appeal be condoned. It is submitted that the applicants are villagers and have no sufficient knowledge of the legal intricacies of not filing the appeal within time and therefore, the delay caused was bonafide which, deserves to be condoned.