Gujarat High Court
Bhavnaben W/O Dineshbhai Kailashbhai ... vs Ajaykumar Bijenkumar Dube on 15 September, 2025
NEUTRAL CITATION
C/CA/2844/2025 ORDER DATED: 15/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2844
of 2025
In F/FIRST APPEAL NO. 8833 of 2025
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BHAVNABEN W/O DINESHBHAI KAILASHBHAI PAMBHAR & ANR.
Versus
AJAYKUMAR BIJENKUMAR DUBE & ORS.
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Appearance:
MS DISHA N NANAVATY(2957) for the Applicant(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 15/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 29 days caused in preferring the appeal against the impugned judgment and award dated 25.10.2014 passed in M.A.C.P. No.145 of 2015.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicant, submitted that owing to the delay in communicating the order to the litigant and seeking advice from the advocate, they could not prefer the appeal within the period of limitation and a reasonable amount of time was consumed in arranging the requisite court fees and other expenses for preferring the appeal. Therefore, a delay of 29 Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:32:40 IST 2025 NEUTRAL CITATION C/CA/2844/2025 ORDER DATED: 15/09/2025 undefined days has occurred in filing the appeal.
4. Having considered the submissions of the learned advocate for the applicant and having regard to the afore-stated factual aspects, in my considered opinion, constitutes a sufficient ground for condoning the delay. Thus, having regard to the facts and circumstances of the present case and in view of the law laid down by the Hon'ble Supreme Court of India in the case of Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR 1987 SC 1353], the delay of 29 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. There shall be no order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 2 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:32:40 IST 2025