Deepsangji Khimaji Jadeja vs Pirubha Meghji Jadeja

Gujarat High Court

Deepsangji Khimaji Jadeja vs Pirubha Meghji Jadeja on 6 November, 2025

                                                                                                                NEUTRAL CITATION




                               C/CA/1921/2021                                   ORDER DATED: 06/11/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1921 of
                                                      2021
                                       In F/SECOND APPEAL NO. 43627 of 2019
                       ==========================================================
                                                DEEPSANGJI KHIMAJI JADEJA & ORS.
                                                             Versus
                                                 PIRUBHA MEGHJI JADEJA & ORS.
                       ==========================================================
                       Appearance:
                       MR HM JADEJA(2437) for the Applicant(s) No.
                       1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9
                       MR BY MANKAD(440) for the Respondent(s) No.
                       3,5,6,7,9.1,9.2.1,9.2.2,9.2.3,9.3,9.4,9.5
                       RULE SERVED for the Respondent(s) No. 8.1
                       SERVED BY RPAD (N) for the Respondent(s) No.
                       8.2,8.3.1,8.3.2,8.3.3,8.3.4,8.3.5,8.3.6
                       ==========================================================
                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 06/11/2025

                                                             ORAL ORDER

1. Heard learned advocate Mr. Jadeja for the applicants and learned advocate Mr. Mankad for some of the respondents. Rest of other respondents have chosen not to contest this application.

2. By way of this application under section 5 of the Limitation Act, the applicants have prayed to condone delay of 236 days caused in preferring Second Appeal challenging concurrent findings arrived at by learned Court below to dismiss the suit on the ground that plaintiff has failed to prove that dispute property is not undivided property and plaintiff has one half share in the disputed property.

3. Excuse made by the applicants to condone delay is that they are peasant and coming from remote village of Kutch and having no firsthand knowledge on the provisions of law.

NEUTRAL CITATION C/CA/1921/2021 ORDER DATED: 06/11/2025 undefined

4. Excuse made by the applicants has been strongly objected by learned advocate Mr. Mankad on the ground that the applicants have obtained certified copies of judgment and order within stipulated time period which indicate and demonstrate that they were having firsthand legal knowledge and therefore, reasons stated by the applicants are insufficient and does not fall within definition of sufficient grounds.

5. After hearing learned advocates for the parties, what could be noticed that delay is of 236 days. Though reasons are insufficient to condone delay, however, taking pragmatic approach in the facts and circumstances of the case, I am inclined to condone delay. Accordingly, delay caused in filing Second Appeal is condoned.

6. The application is accordingly, allowed.

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