Gujarat High Court
Bhudar @ Bhuddarbhai Parmalbhai Pathan vs Umar Mithu Koli on 18 September, 2025
NEUTRAL CITATION
C/CA/2969/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2969
of 2025
In F/FIRST APPEAL NO. 9897 of 2025
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BHUDAR @ BHUDDARBHAI PARMALBHAI PATHAN
Versus
UMAR MITHU KOLI & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MR.KRUTIK A PARIKH(7268) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 1,2,4,5,6
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 18/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 174 days caused in preferring the appeal against the impugned judgment and award dated 03.08.2024 passed in M.A.C.P. No.569 of 2021.
2. Heard learned advocates for the parties.
3. Learned advocate for the applicant, submitted that on perusal of the record, it transpires that the notice is having been duly served upon the respondents they have chosen not to appear before the Court. He further submitted that the claim petition filed by the claimant as an indigent person. Owing to the Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:54:22 IST 2025 NEUTRAL CITATION C/CA/2969/2025 ORDER DATED: 18/09/2025 undefined poverty of the applicants, 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 174 days has occurred in filing the appeal.
4. Having considered the submission of the learned advocate for the applicant and having regard to the poverty of the applicants, who could not arrange the necessary funds for preferring an appeal within the period of limitation, 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 174 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 Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:54:22 IST 2025