Through Prop. Of Mansi Beauty Parlour ... vs Sumatilal Meghajibhai Shah

Citation : 2025 Latest Caselaw 6052 Guj
Judgement Date : 24 April, 2025

Gujarat High Court

Through Prop. Of Mansi Beauty Parlour ... vs Sumatilal Meghajibhai Shah on 24 April, 2025

                                                                                                                NEUTRAL CITATION




                              C/CA/2275/2025                                    ORDER DATED: 24/04/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                             2275 of 2025
                                 In F/FIRST APPEAL NO. 9335 of 2025
                      =============================================
                            THROUGH PROP. OF MANSI BEAUTY PARLOUR PANCHAL
                                          POOJABEN KALUBHAI
                                                Versus
                                     SUMATILAL MEGHAJIBHAI SHAH
                      =============================================
                      Appearance:
                      MOHIT P PATHAK(7344) for the Applicant(s) No. 1
                      SANKET K PANDYA(9451) for the Respondent(s) No. 1
                      =============================================
                        CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                       Date : 24/04/2025
                                        ORAL ORDER

1. Heard Mr. Mohit Pathak, learned advocate for the applicant and Mr.Sanket Pandya, learned advocate has appeared on behalf of respondent no.1 on caveat.

2. Issue Rule returnable forthwith. Mr.Pandya, learned advocate waives service of notice of Rule on behalf of respondent no.1.

3. The present application is filed seeking condonation of delay of 13 days caused in the preferring the First Appeal.

4. Learned advocate for the applicant has submitted that the impugned judgment and decree was pronounced on 20.01.2025. The applicant had applied for certified copy of the aforesaid impugned judgment and decree, however she was unable to approach this Court within the prescribed period of limitation as she was required to manage legal fees and other Page 1 of 2 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 04:34:55 IST 2025 NEUTRAL CITATION C/CA/2275/2025 ORDER DATED: 24/04/2025 undefined expenses which took some time. Learned advocate has further submitted that the applicant has prima facie good case on merits and therefore, the Court may take liberal approach.

5. Considering the aforesaid submissions made by the learned advocate for the applicant and in absence of any contrary facts being pointed out by learned advocate for the respondent, the explanation offered is accepted to be a sufficient cause to consider for condonation of delay. Hence, delay caused in preferring the captioned appeal is hereby condoned. Rule is made absolute to the aforesaid extent.

(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH Page 2 of 2 Uploaded by RATHOD KAUSHIKSINH JILUSINH(HC00957) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 04:34:55 IST 2025