Gujarat High Court
Fidkiben Bherabhai (Gorana) Dhoran vs Sabbirbhai Rajakbhai Mehtar on 15 September, 2025
NEUTRAL CITATION
C/CA/1630/2025 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. 1630 of
2025
In F/FIRST APPEAL NO. 4426 of 2025
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FIDKIBEN BHERABHAI (GORANA) DHORAN & ORS.
Versus
SABBIRBHAI RAJAKBHAI MEHTAR & ANR.
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Appearance:
MR. JARJEESKHAN(7235) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
MR PALAK H THAKKAR(3455) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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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 444 days in preferring the appeal against the impugned judgment and award dated 10.08.2023 passed in MACP No.358/2019.
2. Heard learned counsel for the parties.
3. Learned counsel for the applicants, submitted that it has been awarded in the application that after getting the disbursement of the awarded amount as per direction of the learned Tribunal, the applicants sought the legal advice from the lawyer and well-wishers. They were advised that they will get the more amount if the appeal is preferred. Therefore, they contacted their lawyer, who in turns, advise them to Page 1 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:49:39 IST 2025 NEUTRAL CITATION C/CA/1630/2025 ORDER DATED: 15/09/2025 undefined prefer the present appeal. It has been further averred that the appeal could not be preferred owing to the reasons that they were not having the sufficient money. It has been further averred that the delay is neither intentional nor malafide, but owing to the reasons stated in more particularly, Paragraph no.4 of the application.
4. On the other hand, Mr. Vibhuti Nanawati, learned advocate appearing on behalf of the Insurance Company, submitted that considering the facts and circumstances, the appropriate order may be passed.
5. Considering the content of the application, it is apparent that the applicants are the literate/semi-literate and they are not aware about the nuances of laws. Only after getting the partial disbursement of the amount, they approached the lawyer for seeking the legal advice, who in turn, advised them to prefer the appeal. Considering the facts and circumstances and the ratio of the judgment rendered in the case of Collector Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, reported in AIR (1987) SC 1353, the present appeal deserves to be allowed and accordingly the delay is condoned. No order as to costs.
(MOOL CHAND TYAGI, J) HARSHIT Page 2 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:49:39 IST 2025