STATE OF GUJARAT Vs. CHHAGANBHAI BECHARBHAI VAGADIYA

JUDGEMENT

(1.) Present application under Sec. 5 of the Limitation Act has been filed with a request to condone the delay of 195 days caused in filing the First Appeal.

(2.) Learned advocate Mr. Tushar L. Sheth appearing for the original claimants states that respondent No.2.5 has expired and seeks permission to delete deceased respondent No.2.5. Permission as prayed for is granted. Respondent No.2.5 is hereby ordered to be deleted.

(3.) Having heard learned AGP appearing for the appellants - State Authorities and learned advocate Mr. Tushar L. Sheth appearing for the original claimants and having gone through the averments made in support of the prayer to condone the delay, it cannot be said that delay has not been sufficiently explained. Hence, present application is allowed. Delay of 195 days caused in filing the First Appeal is hereby condoned. Rule is made absolute accordingly.