Gujarat High Court
Rathod Gauriben Haribhai W/O Haribhai ... vs Pradeepkumar S/O Ramadhar Jagatdin ... on 17 April, 2025
NEUTRAL CITATION
C/CA/566/2025 ORDER DATED: 17/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 566 of
2025
In F/CROSS OBJECTION NO. 1095 of 2025
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RATHOD GAURIBEN HARIBHAI W/O HARIBHAI KESHABHAI RATHOD &
ORS.
Versus
PRADEEPKUMAR S/O RAMADHAR JAGATDIN YADAV & ORS.
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Appearance:
MR.DARSHAN A. DAVE(7921) for the Applicant(s) No. 1,2,3
MR TANMAY B KARIA(6833) for the Respondent(s) No. 5
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
RULE NOT RECD BACK for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,4
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 17/04/2025
ORAL ORDER
1. This is an application, filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 728 days, caused in filing cross-objection in First Appeal No.4058 of 2022.
2. Learned advocate Mr.Darshan A. Dave for the applicants and learned advocate Mr. Tanmay K. Karia for respondent No.5 and learned advocate Mr. Vibhuti Nanavati for respondent No.3. Though served, none appeared for respondent Nos.2 and 4.
3. Learned advocate for the applicant has submitted that Page 1 of 2 Uploaded by RINKU MALI(HC01574) on Thu Apr 17 2025 Downloaded on : Thu Apr 17 23:09:14 IST 2025 NEUTRAL CITATION C/CA/566/2025 ORDER DATED: 17/04/2025 undefined cross-objections are filed challenging the judgment and award dated 31.01.2022. It is further contended that applicants were not having legal knowledge, therefore, time was consumed in taking the decision. However, when the notice of admission of First Appeal was received by the applicants, the applicants thereafter took a decision to file cross-objection. It is further contended that applicants will not claim any interest for the delayed period of 728 days in case, cross-objections are allowed.
4. Having considered submissions and the averments made in the application, the case is made out for condonation of delay. Resultantly, delay is condoned on a condition that claimants shall not be entitled to any interest for the delayed period in case, claimant/s succeeds in cross-objection.
5. In view of the above, the present application stands disposed of accordingly.
(D. M. DESAI,J) RINKU MALI Page 2 of 2 Uploaded by RINKU MALI(HC01574) on Thu Apr 17 2025 Downloaded on : Thu Apr 17 23:09:14 IST 2025