Gujarat High Court
Ajijunnisha W/O Mohammedaiyub ... vs Khatijabanu Mohammedidarish Ansari ... on 23 September, 2025
NEUTRAL CITATION
C/CA/4288/2025 ORDER DATED: 23/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4288 of
2025
In F/FIRST APPEAL NO. 23109 of 2025
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AJIJUNNISHA W/O MOHAMMEDAIYUB ABDULRASHID ANSARI-
EXPIRED(LHS OF DECD.MOHAMMEDAIYUB ABDULRASID ANSARI &
ORS.
Versus
KHATIJABANU MOHAMMEDIDARISH ANSARI (MOHAMMEDIDARISH
ABDULRASHID ANSARI SINCE DEAD THRU LHS AND LRS) & ANR.
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Appearance:
DEVANGI B SOLANKI(8888) for the Applicant(s) No. 1,2,3,4,5,6,7
NOTICE SERVED BY DS for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 23/09/2025
ORAL ORDER
1. This application is filed under Section 5 of the Limitation Act, seeking condonation of delay of 1224 days caused in filing the appeal.
2. Heard learned advocate Ms. Devangi B. Solanki for applicants. Though served, none appeared for respndents.
3. Learned advocate for the applicants has contended that the suit was filed by the opponents against the father of applicants for possession of the suit property. Pending the suit, original Page 1 of 4 Uploaded by RINKU MALI(HC01574) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:29:31 IST 2025 NEUTRAL CITATION C/CA/4288/2025 ORDER DATED: 23/09/2025 undefined defendant-father of present applicants expired and the heirs were brought on record. However, learned advocate for the applicants did not inform about the progress of the suit and proceedings and the matter proceeded ex parte. Resultantly, the evidence of applicants was closed and the suit came to be decreed. Thereafter, the application for recall of the judgment and decree was filed by the present applicants which came to be dismissed for default on 04.04.2025. On dismissal of the application for recall, the applicants realized and challenged the impugned judgment and decree passed in Civil Suit. Resultantly, delay has occurr. It is contended that there is intentional delay on the part of the applicants and have good case on law as well as on facts. It is further submitted that justice orientated view be adopted and delay may be condoned.
4. Considering the submissions canvased by learned adovcate for the applicants and the averments made in the application, it appears that the applicants were brought on record of the Civil Page 2 of 4 Uploaded by RINKU MALI(HC01574) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:29:31 IST 2025 NEUTRAL CITATION C/CA/4288/2025 ORDER DATED: 23/09/2025 undefined Suit upon death of original defendant No.1 and thereafter, for one reason or the other, applicants did not remain present and contest the suit. Resultantly, the suit came be decreed against the applicants. The application for recall of the impugned judgment and decree was filed and the same came to be dismissed for default on 04.04.2025. Thereafter, applicants realized to challenge the impugned judgment and decree passed in Civil Suit No.1108 of 2004. It appears from the record that applicants were not heard by learned Trial Court before passing a decree against them. Considering the settled proposition of law that while deciding application for condonation of delay, lenient view is required to be adopoted by the Courts. However, such leniency cannot be extended to the applicants without balancing the equity. Resultantly, the applicattion of condonation of delay is allowed on a condition to deposit cost of Rs.10,000/- before the City & District Law Library, City Civil Court, Ahmedabad within a period of two weeks from the date of this order.
5. Upon depositing the cost of Rs.10,000/- before the City & Page 3 of 4 Uploaded by RINKU MALI(HC01574) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:29:31 IST 2025 NEUTRAL CITATION C/CA/4288/2025 ORDER DATED: 23/09/2025 undefined District Law Library, City Civil Court, Ahmedabad, delay is condoned.
6. In view of the above observations and directions, the present application stands disposed of.
(D. M. DESAI,J) RINKU MALI Page 4 of 4 Uploaded by RINKU MALI(HC01574) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:29:31 IST 2025