Gujarat High Court
Zala Krishnaba Ghanshyamsinh vs Karanji Dhanaji Thakor on 9 June, 2025
NEUTRAL CITATION
C/CA/2774/2025 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. 2774 of
2025
In F/FIRST APPEAL NO. 14446 of 2025
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ZALA KRISHNABA GHANSHYAMSINH
Versus
KARANJI DHANAJI THAKOR & ORS.
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Appearance:
MR RATHIN P RAVAL(5013) 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 learned advocate Mr. Jainam Shah appearing for Mr. Rathin P. Paval, learned advocate on record for the applicant.
2. Issue Rule returnable forthwith.
3. Looking to the minimum number of days involved in the present application seeking condonation of delay in preferring the appeal, the present application is taken up for final hearing in absence of the respondent.
4. Learned advocate at the outset has invited my attention Page 1 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 23:54:57 IST 2025 NEUTRAL CITATION C/CA/2774/2025 ORDER DATED: 09/06/2025 undefined to the averments made in the application and has submitted that the applicant - original claimant is mainly aggrieved by the finding of negligency attributed to the present applicant to the extent of 35% as according to him, the deceased was not at all negligent in attributing to the accident. Learned advocate has also invited my attention to the other grounds raised in the appeal whereby he seeks enhancement of the compensation. He has further invited my attention to the averments made in the application and has submitted that the applicants have good prima facie case. The delay of 41 days has crept in, in the process of pursuing the matter. He has therefore urged this Court to take liberal view and to condone the delay.
5. Considering the aforesaid submissions of the learned advocate for the applicant and looking to the averments made in the application, it transpires that the impugned judgment and award came to be passed on 27.11.2024. The certified copy of the same was applied on 17.12.2024 which was received by the applicant on 03.01.2025. It is further stated that the time was consumed in seeking necessary papers and to arrange for legal expenses including the court fees.
6. Looking to the aforesaid explanation offered and the challenge made in the captioned appeal in the opinion of this Page 2 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 23:54:57 IST 2025 NEUTRAL CITATION C/CA/2774/2025 ORDER DATED: 09/06/2025 undefined Court there is no deliberate delay or gross negligency on the part of the applicant in not pursuing the matter within the prescribed period of limitation.
7. Taking the liberal view, the delay caused in preferring the captioned appeal deserves consideration. Hence, the present application seeking condonation of delay of 41 days caused in preferring the captioned appeal is hereby allowed. Rule is made absolute.
(NISHA M. THAKORE,J) MAYA Page 3 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 23:54:57 IST 2025