Gujarat High Court
Abdulhakk Mohamadhusen Jiva vs Imran Yusuf Matadar on 16 September, 2025
NEUTRAL CITATION
C/CA/4778/2025 ORDER DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4778 of
2025
In F/FIRST APPEAL NO. 28427 of 2025
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ABDULHAKK MOHAMADHUSEN JIVA
Versus
IMRAN YUSUF MATADAR & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 16/09/2025
ORAL ORDER
1. Heard learned counsel for the applicant.
2. Learned counsel for the applicant, submitted that the delay of 501 days has occasioned in preferring the appeal against the judgment and award dated 20.01.2024 passed in MACP No.81/2021. He further submitted that the applicant could not prefer the appeal within the period of limitation due to the poverty, as the applicant could not arrange the fund for paying the Court fee and other expenses. He further submitted that, in case, if the present appeal for enhancement is allowed, the claimant shall not claim any interest for the delayed period.
3. Having considered the submission of the learned counsel for the applicant, I am of the considered view that the delay has been sufficiently explained and the present application for condonation of delay is allowed, subject to the condition that the claimant shall not be Page 1 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:18:08 IST 2025 NEUTRAL CITATION C/CA/4778/2025 ORDER DATED: 16/09/2025 undefined entitled for any interest on the enhanced amount, in case, if the appeal is allowed. 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 23:18:08 IST 2025