Pradipbhai Dhirajbhai Jayswal vs L/R Of Kashiben D/O Mohansingh ...

Citation : 2025 Latest Caselaw 5814 Guj
Judgement Date : 26 August, 2025

Gujarat High Court

Pradipbhai Dhirajbhai Jayswal vs L/R Of Kashiben D/O Mohansingh ... on 26 August, 2025

Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
                                                                                                              NEUTRAL CITATION




                              C/CA/4460/2025                                   ORDER DATED: 26/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4460 of
                                                    2025

                                               In F/FIRST APPEAL NO. 24686 of 2025

                       ==========================================================
                                       PRADIPBHAI DHIRAJBHAI JAYSWAL & ORS.
                                                      Versus
                               L/R OF KASHIBEN D/O MOHANSINGH GOHILSINGH AND W/O
                                           RATANSINGH CHAUHAN & ORS.
                       ==========================================================
                       Appearance:
                       MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 1,2,3
                       ==========================================================

                          CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                and
                                HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 26/08/2025

                                                ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicants have prayed for condoning the delay of 17 days caused in preferring the captioned first appeal against the judgment and decree dated 01.04.2025 passed in Special Civil suit No. 153 of 2015.

2. Mr.Ketul Patel, learned Advocate appearing for Mr.Mehul Shah, learned Advocate for the applicants has invited the attention of this Court t the averments made in paragraph 3 of the application. It is submitted that the applicant no. 1 is a senior citizen and was looking after the matter. It is submitted that immediately after the information was received that on 16.04.2025, the certified copy of the judgment was applied and was ready for delivery on 23.04.2025. After taking necessary advice and having collected all the documents and providing necessary information to the learned Advocate, the Page 1 of 2 Uploaded by SINDHU NAIR(HC01395) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:17:14 IST 2025 NEUTRAL CITATION C/CA/4460/2025 ORDER DATED: 26/08/2025 undefined appeal could be prepared and filed. As a result whereof, some time got consumed culminating into delay of 17 days. It is urged that the delay is bona fide which may kindly be condoned.

3. Having regard to the averments made and considering the length of delay and explanation offered, this Court, is of the opinion that delay of 17 days caused in filing the captioned appeal 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) (MOOL CHAND TYAGI, J) SINDHU NAIR Page 2 of 2 Uploaded by SINDHU NAIR(HC01395) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:17:14 IST 2025