Gujarat High Court Case Information System Print CA/1910/2011 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION-FOR ORDERS No.1910 of 2011 In FIRST APPEAL No.1302 of 2002 ===================================================== DEPUTY COLLECTOR & LAND ACQUISITION & REHABILITATION & 1 - Petitioner(s) Versus H M UPADHYAYA - Respondent(s) ===================================================== Appearance : MR LR PUJARI, AGP for Appellant(s) : 1 - 2. MR BD KARIA for Defendant(s) : 1, ===================================================== CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE R.M.CHHAYA Date : 23/08/2011 CAV ORDER
(Per
: HONOURABLE MR.JUSTICE R.M.CHHAYA)
The
accompanying appeal and cognate appeals were filed in 2002 and were
admitted vide order dated 03.07.2002. The documents, which are
sought to be brought on record by way of this civil
application,
were not brought on record before the Reference Court.
We,
therefore, see no reason to permit the applicants to adduce the same
by way of additional evidence, after almost a span of nine years. It
may be noted that the original claimants would have no opportunity
to rebut the same and, therefore, at this stage, we do not find it
appropriate to permit the applicants-original appellants to bring
additional evidence on record.
In
view of the above, the civil application is hopelessly barred by
delay and latches and deserves to be dismissed and hence, the same
is hereby rejected.
Sd/-
[JAYANT
PATEL,J]
Sd/-
[
R.M.CHHAYA, J]
***
Bhavesh*
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