Gujarat High Court
Jaykumar Arvindbhai Patel vs Rameshbhai Dayaram Koshti on 19 September, 2025
NEUTRAL CITATION
C/CA/2921/2025 ORDER DATED: 19/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2921 of
2025
In F/FIRST APPEAL NO. 14429 of 2025
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JAYKUMAR ARVINDBHAI PATEL
Versus
RAMESHBHAI DAYARAM KOSHTI & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MS DIMPLE A THAKER(6838) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 19/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 75 days caused in preferring the appeal against the impugned judgment and award dated 30.09.2024 passed in M.A.C.P.No.56 of 2019.
2. Heard learned advocates for the parties.
3. Mr. Nishit Bhalodi, learned advocate for the applicant, submitted that owing to the poverty of the applicant, he 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 75 days has occurred in filing the Page 1 of 2 Uploaded by GIRISH K PARMAR(HC00954) on Sat Sep 20 2025 Downloaded on : Mon Sep 22 22:57:46 IST 2025 NEUTRAL CITATION C/CA/2921/2025 ORDER DATED: 19/09/2025 undefined appeal.
4. On the other hand, learned advocate Ms.Dimple Thaker, learned advocate for the respondent no.2, submitted that considering the facts of the case, an appropriate order may be passed.
5. Having considered the submissions of the learned advocates for the parties and having regard to the poverty of the applicant, 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 75 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) GIRISH Page 2 of 2 Uploaded by GIRISH K PARMAR(HC00954) on Sat Sep 20 2025 Downloaded on : Mon Sep 22 22:57:46 IST 2025