Gujarat High Court
Kantibhai Jerambhai Patel vs Nareshbhai Dwarkadas Patel on 10 October, 2025
NEUTRAL CITATION
C/CA/4411/2025 ORDER DATED: 10/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4411 of
2025
In F/FIRST APPEAL NO. 13826 of 2025
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KANTIBHAI JERAMBHAI PATEL & ANR.
Versus
NARESHBHAI DWARKADAS PATEL & ANR.
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1,2
NOTICE NOT RECD BACK for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 10/10/2025
ORAL ORDER
1. Heard learned counsel for the applicants.
2. Learned counsel for the applicants submitted that a delay of 254 days has occasioned in preferring the appeal against the impugned judgment and award dated 06.05.2024 passed by the learned Tribunal in MACP No.40/2017. She further submitted that the applicants have received the notice of the claim petition but thereafter, the claim petition came to be transferred to the another Court, for which, the applicants have not received any notice. Therefore, the applicants could not appear before the learned Tribunal. She further submitted that the applicants came to know of the passing of the impugned judgment and award only when the execution petition was preferred against the applicants. She further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reasons stated in the Page 1 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Mon Oct 13 2025 Downloaded on : Tue Oct 14 01:19:28 IST 2025 NEUTRAL CITATION C/CA/4411/2025 ORDER DATED: 10/10/2025 undefined application.
3. Having considered the submissions of the learned counsel for the applicant and having regard to the grounds for delay pressed into service, in my considered view, constitutes a sufficient cause to condone the delay. Hence, the delay is condoned and the present application stands allowed. No order as to costs.
(MOOL CHAND TYAGI, J) HARSHIT Page 2 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Mon Oct 13 2025 Downloaded on : Tue Oct 14 01:19:28 IST 2025