Gujarat High Court
Hasmukhbhai Kesharbhai Chaudhari vs Subhashbhai Ravanbhai Mevada on 9 June, 2025
NEUTRAL CITATION
C/CA/738/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 738 of
2025
In F/FIRST APPEAL NO. 21963 of 2024
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HASMUKHBHAI KESHARBHAI CHAUDHARI
Versus
SUBHASHBHAI RAVANBHAI MEVADA & ORS.
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Appearance:
MR HIMANSU M PADHYA(1611) for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard Mr. Himansu M. Padhya, learned advocate on record for the applicant - original claimants.
2. Noticing the minimum number of days involved in the present application seeking condonation of delay, the application is taken up for final hearing in absence of the respondents.
3. Issue Rule, returnable forthwith. Mr. Harsh Shah, learned AGP has appeared on advance copy on behalf of respondent No.4 and waives service of notice of Rule on behalf of the said respondent.
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NEUTRAL CITATION C/CA/738/2025 ORDER DATED: 09/06/2025 undefined
4. Learned advocate Mr. Padhya appearing for the applicant has invited my attention to the averments made in the application and has submitted that the applicant is aggrieved by the judgment and order dated 15.05.2024 passed by the Tribunal whereby the claim petition preferred by the applicant came to be dismissed.
5. Explaining delay, learned advocate has further submitted that the applicant had immediately applied for certified copy which was made available on 31.05.2024. He had further explained that inadvertently at the stage of presenting the appeal before this court the order passed below application for indigent person preferred by the applicant before the Tribunal, was not annexed. He had therefore applied for certified copy of such application and the order passed therein. In the process, the delay of 11 days had crept in, in filing the pauper application to prefer the appeal. He has therefore urged to take liberal view and to condone the delay caused in preferring the pauper application in moving the appeal.
6. Considering the aforesaid explanation offered, in the opinion of this court sufficient cause is made out to consider the present application seeking condonation of delay of 11 days. The present application is therefore allowed. Rule is Page 2 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 23:58:40 IST 2025 NEUTRAL CITATION C/CA/738/2025 ORDER DATED: 09/06/2025 undefined made absolute. Civil Application stands disposed of.
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