Gujarat High Court
Decd. Gordhandas Odhavdas Jatwani vs Gopalbhai Sukhabhai Patel on 22 April, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/2178/2025 ORDER DATED: 22/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2178 of
2025
In F/FIRST APPEAL NO. 21911 of 2024
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DECD. GORDHANDAS ODHAVDAS JATWANI & ORS.
Versus
GOPALBHAI SUKHABHAI PATEL & ORS.
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 22/04/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. By this application, the applicants has prayed for condoning the delay of 3 days caused in preferring the F/First Appeal no.21911 of 2024 together with civil application (for stay) no.1 of 2024.
2. Mr Paras S. Bhetadiya, learned advocate for Mr Premal S. Rachh, learned advocate for the applicants submitted that the delay is bonafide and of three days. It is submitted that the judgment was pronounced and immediately, certified copy of the impugned judgment was applied on 22.04.2024 which was ready for delivery on 25.04.2024 and was delivered on 30.04.2024. The applicants were to file the appeal on or before 21.07.2024; however, the same could be filed only on 24.07.2024 after taking necessary steps. In the process, there occurred a delay of 3 days. It is urged that considering the number of days of delay, it may be condoned.
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3. Having regard to the averments made so also the oral submissions and considering the quantum of delay, this Court, is of the opinion that delay of 3 days caused in filing the F/First Appeal no.21911 of 2024 together with civil application (for stay) no.1 of 2024 deserves to be condoned and is hereby condoned.
4. Civil application succeeds and is accordingly allowed. No order as to costs.
(SANGEETA K. VISHEN,J) (NIRAL R. MEHTA,J) RAVI P. PATEL Page 2 of 2 Uploaded by RAVI PRAVINCHANDRA PATEL(HC01068) on Wed Apr 23 2025 Downloaded on : Wed Apr 23 22:06:16 IST 2025