Gujarat High Court
Heirs Of Decd. Fatehsing Muljibhai ... vs Heirs And Lrs Of Decd. Gordhanbhai ... on 3 October, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2608/2025 ORDER DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2608 of
2025
In F/FIRST APPEAL NO. 8189 of 2025
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HEIRS OF DECD. FATEHSING MULJIBHAI BHALAVAT & ORS.
Versus
HEIRS AND LRS OF DECD. GORDHANBHAI MOTIBHAI PATEL &
ORS.
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Appearance:
MR SHAIVANG D MEHTA(5623) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,2,2.1,2.2,2.3,2.4,2.5,2.6,3,3.1,3.2,3.3,3.4,3.5
,3.6,3.7,3.8,4,5
M/S.VYAS ASSOCIATES(1559) for the Respondent(s) No. 1.3
MR DA SANKHESARA(5955) for the Respondent(s) No. 14,15,16
MR RUTVIJ S OZA(5594) for the Respondent(s) No. 2,3,4,5
RULE NOT RECD BACK for the Respondent(s) No. 7
RULE SERVED for the Respondent(s) No. 10,11,12,13,17,18,19,20,9
RULE UNSERVED for the Respondent(s) No. 6,8
UNSERVED EXPIRED (R) for the Respondent(s) No. 1.1,1.2,1.4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 03/10/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicants under Section 5 of the Limitation Act for condoning the delay of 141 days in preferring the Appeal against the order dated 06.06.2024 passed below Exhs.18,7 and 20 in Special Civil Suit No.133 of 2023 by the learned 9 th Additional Senior Civil Page 1 of 4 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 21:51:50 IST 2025 NEUTRAL CITATION C/CA/2608/2025 ORDER DATED: 03/10/2025 undefined Judge, Vaodara.
2. It is reported that the rule is served upon respondent nos.1.3, 2 to5, 14 to 16 and appeared through their respective advocates. It is also reported that rule is served upon respondent nos.9 to 13 and 17 to 20 however, none has appeared on behalf of the respective respondents. It is also reported that rule is unversed and rule is not received back to the respondent nos. 6,8 and respondent no.7, respectively. It is also reported that the rule is unserved expired upon respondent nos.1.1, 1.2 and 1.4.
3. Learned advocate has drawn attention of this Court to the contents of para- 3 of the application, wherein it is stated that the applicants are poor illiterate persons residing in a remote village and were unaware about the intricacies of the law and jurisdiction to challenge the impugned order. Initially, the applicants were advised through their local advocates to approach the District and Sessions Court, Vadodara to challenge the order, however, upon advice of the learned advocate, the applicants, thereafter, came to know that the order is required to be challenged by way of First Appeal before this Court. The applicants, therefore, Page 2 of 4 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 21:51:50 IST 2025 NEUTRAL CITATION C/CA/2608/2025 ORDER DATED: 03/10/2025 undefined immediately engaged the learned advocate to challenge the same and the applicants had collected complete set of papers. Thereafter, the present appeal is filed by the advocate and hence, delay of 141 days has occurred.
4. Therefore, learned advocate has drawn attention of this Court to the reasons for which delay has occurred.
5. Learned advocate for the respondent no.1.3 formally opposes the grant of application.
6. Considering the aforesaid, particularly, period of 141 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
7. Considering the submissions and the contents of the para mentioned hereinabove, the delay is also explained sufficiently.
8. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term "Sufficient Cause" was interpreted and Page 3 of 4 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 21:51:50 IST 2025 NEUTRAL CITATION C/CA/2608/2025 ORDER DATED: 03/10/2025 undefined the approach of Courts while deciding application for condonation of delay was discussed.
9. In view of the aforesaid, the application is allowed. The delay of 141 days caused in preferring the Appeal against the order dated 06.06.2024 passed below Exhs.18,7 and 20 in Special Civil Suit No.133 of 2023 by the learned 9 th Additional Senior Civil Judge, Vaodara is hereby condoned. Rule is made absolute to the aforesaid extent. Registry is directed to list the main Appeal in due course.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) JIGAR J RABARI Page 4 of 4 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 21:51:50 IST 2025