Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4463 of 2023 ========================================================== SAGAR NARAN SAMAT Versus STATE OF GUJARAT ========================================================== Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Appellant(s) No. 1 MR BHARAT VYAS, AGP for the Defendant(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 09/03/2026
ORAL ORDER
1. Present First Appeal is directed against the common
judgment and award dated 29.12.2022, whereby the learned Principal Senior Civil Judge, Keshod, Junagadh dismissed LRC Nos.151 of 2016 to 153 of 2016 on the ground that the original claimants have not produced evidence despite given su*icient opportunity.
2. Present First Appeal is con+ned to the judgment and award passed in LRC No.151 of 2016.
3. Heard learned advocate Mr. Yogesh Ratanpara for the appellant and learned AGP Mr. Bharat Vyas.
4. Learned advocate Mr. Ratanpara places on record
judgment of the Coordinate Bench of this Court in First Appeal No.4680 of 2023 and submits that in an identical matter, the Coordinate Bench of this Court has remanded the matter back to the learned Reference Court for fresh consideration, within p. 1 three months from the date of receipt of that order. He would therefore, submitted that the present First Appeal deserves same fate of decision by quashing and setting aside the impugned judgment and award.
5. Learned AGP, in his utter fairness, has no objection if the present First Appeal is allowed and the matter is remanded back to the learned Reference Court.
6. In view of above, present First Appeal is allowed and impugned judgment and award dated 29.12.2022, passed by the learned Principal Senior Civil Judge, Keshod, Junagadh in LRC No.151 of 2016, is hereby quashed and set aside. 6.1 LRC NO.151 of 2016 is restored to the proceedings of the learned Reference Court. 6.2 The parties to the proceedings shall tender evidence on first date of hearing. 6.3 The learned Reference Court is directed to decide the case afresh and in accordance with the evidence led before it and as early as possible, preferably within three months from the date of receipt of copy of this order. 6.4 Registry is directed to return back the R & P, if any, to the concerned Court forthwith.
(J. C. DOSHI,J) SHEKHAR P. BARVE p. 2 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 09/03/2026 17:50:35