Gujarat High Court
Ruksama Iqbalbhai Kushkiwala vs Salauddin Habbibbhai Iproliya on 18 December, 2023
NEUTRAL CITATION
C/CA/877/2023 ORDER DATED: 18/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 877 of
2023
In F/FIRST APPEAL NO. 6144 of 2020
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RUKSAMA IQBALBHAI KUSHKIWALA
Versus
SALAUDDIN HABBIBBHAI IPROLIYA
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Appearance:
MR R.K.MANSURI(3205) for the Applicant(s) No. 1,2,3,4,5
RULE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 18/12/2023
ORAL ORDER
1. This application is filed under Section 5 of the Limitation Act for condonation of delay of 143 days in preferring the First Appeal on the reasons stated in the present application.
2. Heard learned advocate on record for the applicant. None appears on behalf of the respondent though Rule is served.
3. Learned advocate for the applicant has submitted that the applicants were not aware about the judgment and decree passed by the learned Tribunal and upon coming to know about the same, they could not arrange the funds for preferring Appeal. It Page 1 of 2 Downloaded on : Tue Dec 19 20:44:56 IST 2023 NEUTRAL CITATION C/CA/877/2023 ORDER DATED: 18/12/2023 undefined is further submitted that the delay is not intentional and there was no lethargy on the part of the applicant.
4. Having considered the submission made by the learned advocate for the applicants and having considered the averments stated in the application, it is needless to observe that in catena of decisions, the view taken by the Hon'ble Supreme Court is, while deciding an application for condonation of delay, the liberal and justice oriented approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay can be condoned. The delay has sufficiently been explained. Hence, delay is condoned.
5. This application is allowed. Rule is made absolute.
(D. M. DESAI,J) RINKU MALI Page 2 of 2 Downloaded on : Tue Dec 19 20:44:56 IST 2023