Gujarat High Court
Leelaben Dhanabhai Vankar vs Faruq Abdulrajjaq Sadamas on 19 September, 2025
NEUTRAL CITATION
C/CA/1406/2025 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. 1406
of 2025
In F/MISC. CIVIL APPLICATION NO. 30057 of 2023
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LEELABEN DHANABHAI VANKAR
Versus
FARUQ ABDULRAJJAQ SADAMAS & ORS.
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Appearance:
MR V B MALIK(5071) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 19/09/2025
ORAL ORDER
1. Heard learned advocate for the applicant. Learned advocate for the applicant submitted that the delay of 237 days has occasioned in preferring the MCA for restoration of the First Appeal preferred against the impugned judgment and award dated 11.07.2018 passed in MACP no.1859 of 2003 passed by the Motor Accident Claim Tribunal (Auxiliary) Panchmahal at Godhra.
2. Learned advocate for the applicant submitted that the applicant could not receive the certified copies in time, therefore, the office objections could not be removed. He further submitted that the applicant is illiterate poor lady, she was not aware about the nuance of the laws, therefore, the steps could not be taken in Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Tue Sep 23 2025 Downloaded on : Tue Sep 23 23:00:47 IST 2025 NEUTRAL CITATION C/CA/1406/2025 ORDER DATED: 19/09/2025 undefined time.
3. Having considered the submissions of the learned advocate for the applicant 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 237 days caused in preferring the MCA 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 Tue Sep 23 2025 Downloaded on : Tue Sep 23 23:00:47 IST 2025