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Gujarat High Court
Land vs H on 23 August, 2011
Author: Jayant Patel, R.M.Chhaya,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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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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