GOKALBHAI THAKARSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Jenil M. Shah for the applicants, learned advocate Mr. Rutvij S.Oza for respondent no.3 and learned Assistant Government Pleader Mr.Kurven Desai for the respondent-State on advance copy.

(2.) This application is filed seeking leave to appeal to challenge the judgment and award dtd. 27/10/2017 passed by the Principal Senior Civil Judge, Morbi in Land Reference Case No.513 of 2004.

(3.) It is the case of the applicants that late father of the applicant Shri Laljibhai Thakarshibhai had preferred the Land Reference, however he passed away on 12/8/2009 during the pendency of the Reference and the legal heirs-applicants did not join as necessary and proper party being legal heirs of late Shri Laljibhai Thakarshibhai before the Reference Court. It was pointed out that by judgment and award dtd. 27/10/2017 the Land Reference was rejected and therefore, the applicants being the legal heirs of late Shri Laljibhai Thakarshibhai would like to challenge such rejection of the Land Reference by preferring the First Appeal. It was therefore, prayed that the applicants be granted leave to appeal challenging the rejection of the Land Reference.