Gujarat High Court
Abdullah Mohammadzuber Abrahani vs Shailaben Mehamudmiya Kadri on 9 June, 2025
NEUTRAL CITATION
C/CA/3034/2025 ORDER DATED: 09/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
3034 of 2025
In F/FIRST APPEAL NO. 7687 of 2025
=============================================
ABDULLAH MOHAMMADZUBER ABRAHANI
Versus
SHAILABEN MEHAMUDMIYA KADRI & ANR.
=============================================
Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
=============================================
CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard, Mr. Nishit A. Bhalodi, learned advocate on record for the applicant -original claimant. Issue rule returnable forthwith.
2. Looking at the number of minimal days of delay involved in preferring the captioned appeal, the present application is taken up for hearing in absence of the respondents.
3. At the outset, learned advocate has invited my attention to the averments made in the application. The attention of this Court was invited to the relevant dates by contending that the impugned Judgment and Award was pronounced on 30.12.2024. Upon going through the contents of the award, the applicant was dissatisfied with the amount of compensation being awarded on the lower side. After consulting the senior members in the family, Page 1 of 3 Uploaded by MS.KRUPABEN HASMUKHBHAI PATEL(HCD0077) on Wed Jun 11 2025 Downloaded on : Wed Jun 11 22:08:37 IST 2025 NEUTRAL CITATION C/CA/3034/2025 ORDER DATED: 09/06/2025 undefined the decision was taken to avail the remedy of appeal. The applicant had thereafetr approached the advocate in the High Court and at that stage, the applicant was advised about the legal expenses including the Court Fees to be deposited at the stage of filing of the appeal. The time was therefore consumed in making appropriate arrangement in this regard and the Court Fees were accordingly provided on 18.02.2025. The copy of the judgment and award was also provided to learned advocate to prefer an appeal. The advocate had thereafter drafted the appeal memo along with an application seeking condonation of delay. By inviting my attention to the aforesaid circumstances, the learned advocate has submitted that ultimately the appeal along with the application was affirmed on 15.05.2025, which was immediately submitted before this Court. In the process, delay of 26 days has crept in. He has therefore submitted that there was no gross negligency or willful inaction on the part of the applicant in not preferring the captioned appeal within the prescribed period of limitation. He has further submitted that looking to the cause which the applicant intends to pursue, this Court may take liberal view and to condone the delay.
4. Considering the aforesaid submissions of learned advocate for the applicants, in light of the averments made in the application, in the opinion of this Court, Page 2 of 3 Uploaded by MS.KRUPABEN HASMUKHBHAI PATEL(HCD0077) on Wed Jun 11 2025 Downloaded on : Wed Jun 11 22:08:37 IST 2025 NEUTRAL CITATION C/CA/3034/2025 ORDER DATED: 09/06/2025 undefined sufficient cause is made out to consider the present application seeking condonation of delay. The delay of 26 days caused in preferring the appeal is hereby condoned. Rule is made absolute. The application stands allowed.
(NISHA M. THAKORE,J) Krupa Patel Page 3 of 3 Uploaded by MS.KRUPABEN HASMUKHBHAI PATEL(HCD0077) on Wed Jun 11 2025 Downloaded on : Wed Jun 11 22:08:37 IST 2025