Gujarat High Court
Ganpatbhai Sankarbhai Parmar vs Rajendra Ambalal Brahmnbhatt on 18 September, 2025
NEUTRAL CITATION
C/CA/4154/2025 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. 4154
of 2025
In F/FIRST APPEAL NO. 22613 of 2025
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GANPATBHAI SANKARBHAI PARMAR & ANR.
Versus
RAJENDRA AMBALAL BRAHMNBHATT & ANR.
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Appearance:
K R PATEL(7601) for the Applicant(s) No. 1,2
MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 1,2
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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 181 days caused in preferring the appeal against the impugned judgment and award dated 30.09.2024 passed in M.A.C.P. No.768 of 2023.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicants submitted that applicants were not aware of the outcome of the claim petition, as the concerned advocate has not intimated them about the outcome of the claim petition. She further submitted that when they gathered the information about the outcome of the claim Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Sep 20 2025 Downloaded on : Wed Sep 24 21:44:19 IST 2025 NEUTRAL CITATION C/CA/4154/2025 ORDER DATED: 18/09/2025 undefined petition, they contacted the advocate who advised them to prefer an appeal. Thereafter a considerable time was consumed to arrange the finance and contacting the advocate for preferring the appeal. Therefore, a delay of 181 days has occurred in filing the appeal.
4. The respondents have been duly served but they have chosen not no appear before the Court.
5. Having considered the submissions of the learned advocate for the applicant and having regard to the averments made in the application, 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 181 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 Sat Sep 20 2025 Downloaded on : Wed Sep 24 21:44:19 IST 2025