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SCA/16739/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16739 of 2011
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SHANTABEN
PASHABHAI PRAJAPATI & 4 - Petitioners
Versus
LEGAL
HEIRS OF DECD SHIVABHAI JESINGBHAI PRAJAPATI- SHANABHA & 2 -
Respondents
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Appearance :
MR
TATTVAM K PATEL for
Petitioners : 1 - 2,2.2.1 - 5.
MR JV VAGHELA for Respondents : 1 -
3.
NOTICE SERVED for Respondents :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 15/11/2011
ORAL
ORDER
Learned
advocate appearing for the petitioners relying upon the decision of
the Apex Court in case of Ragho Singh VS. Mohan Singh and
others, reported in (2001) 9 SCC 717
submitted that the petitioners are aggrieved on account of
entertaining the Appeal which was preferred under the provisions of
the Gujarat Land Revenue Rules 1972 and as per the provisions of
Rule 108(5), the limitation is prescribed for 60 days and the appeal
was filed beyond the period of limitation and it was delayed by as
many as 24 months. The averments in the memo of Appeal on the
contrary indicated that the Appeal was in time. This factor should
have been appreciated by the Competent Authority.
Learned
advocate Shri Vaghela appearing for respondent nos. 1 to 3 on caveat
could not at this stage controvert this aspect at all, though he
submitted that the case of respondents was absolutely genuine and on
merits as the entry was sought to be mutated after delay of 40
years. Be that as it may.
Let
there be notice returnable on 30.11.2011. Shri Vaghela, learned
advocate waives service of notice on behalf of respondent nos. 1 to
3. In the meantime and till the returnable date, by way of
ad-interim relief, status-quo qua revenue record be maintained and
order impugned shall remained stayed.
(S.R.BRAHMBHATT,
J.)
pallav
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