Gujarat High Court
Manojbhai Achalaji Khatri vs Hathiji Aataji @ Atthaji Aataji on 7 August, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/4147/2025 ORDER DATED: 07/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4147 of
2025
In F/FIRST APPEAL NO. 16760 of 2025
==========================================================
MANOJBHAI ACHALAJI KHATRI
Versus
HATHIJI AATAJI @ ATTHAJI AATAJI & ORS.
==========================================================
Appearance:
MR NM KAPADIA(394) for the Applicant(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 07/08/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. By this application, the applicant has prayed for condoning the delay of 22 days caused in preferring the captioned first appeal.
2. Mr.RN Kapadia, learned advocate for the applicant submitted that the applicant was not aware about the impugned judgment dated 17.01.2025. It was only somewhere in the month of February, 2025, a message was received from his advocate about the judgment passed by the Court below. In the interregnum, the applicant suffered health issues and was hospitalized in Zydus Hospital. After being discharged, steps were taken. Certified copy was applied and advocate was approached and after taking necessary steps, that the appeal came to be filed. As a result whereof, some time got consumed culminating into delay of 22 days. It is urged that the delay is bona fide which may kindly be condoned.
Page 1 of 2 Uploaded by SINDHU NAIR(HC01395) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:33:52 IST 2025NEUTRAL CITATION C/CA/4147/2025 ORDER DATED: 07/08/2025 undefined
3. Having regard to the averments made so also the oral submissions and considering the length of delay and explanation offered, this Court, deems it appropriate not to issue notice and condone the delay. Accordingly, the delay of 22 days caused in filing the captioned appeal is hereby condoned.
4. Civil application succeeds and is accordingly allowed. No order as to costs.
(SANGEETA K. VISHEN,J) (MOOL CHAND TYAGI, J) SINDHU NAIR Page 2 of 2 Uploaded by SINDHU NAIR(HC01395) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:33:52 IST 2025