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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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