Gujarat High Court
Hemant Vijaybhai Patel vs Ansuyaben Hashmukhbhai Prajapati on 23 September, 2025
NEUTRAL CITATION
C/CA/5585/2024 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. 5585 of
2024
In F/FIRST APPEAL NO. 31926 of 2024
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HEMANT VIJAYBHAI PATEL & ORS.
Versus
ANSUYABEN HASHMUKHBHAI PRAJAPATI & ANR.
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Appearance:
DEV D PATEL(8264) for the Applicant(s) No. 1,2,3
JIGNESHKUMAR P PANDAV(8297) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 23/09/2025
ORAL ORDER
1. By way of present application filed under Section 5 of the Limitation Act, 1963 the applicants have prayed to condone delay of 254 days caused in preferring the First Appeal.
2. Heard learned advocate Mr.Dev Patel for the applicants and learned advocate Mr.Jigar Gadvi for learned advocate Mr.Jigneshkumar Pandav for respondent.
3. Learned advocate for the applicants has submitted that the learned Trial Court without appreciating the facts and circumstances of the case as well as the relevant provisions of law, partly allowed Civil Suit No.852 Page 1 of 3 Uploaded by MANOJ KUMAR(HC01092) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 22:50:40 IST 2025 NEUTRAL CITATION C/CA/5585/2024 ORDER DATED: 23/09/2025 undefined of 2016 by judgment and decree dated 28.12.2023. Being aggrieved and dissatisfied with the said judgment and decree, applicants herein have preferred the Second Appeal before this Hon'ble Court. Hence, there is some delay in filing the appeal. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicants.
4. Per contra, learned advocate for the respondent has opposed the application and submitted that the reasons assigned in the application are not sufficient for condoning the delay
5. Having considered the submissions of both the sides and having considered the averments made in the application, the delay is not intentional and there was no lethargy on the part of the applicants. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. Though there is a delay of 254 days, Page 2 of 3 Uploaded by MANOJ KUMAR(HC01092) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 22:50:40 IST 2025 NEUTRAL CITATION C/CA/5585/2024 ORDER DATED: 23/09/2025 undefined in the interest of justice, the application can be allowed subject to the cost of Rs.3,500/- to be deposited by the applicants before the District & Law Library, City Civil & Sessions Court, Ahmedabad. On depositing the said amount within a period of two weeks from today, the delay shall be condoned.
6. The application is allowed. Rule is made absolute to the aforesaid extent.
(D. M. DESAI,J) MANOJ Page 3 of 3 Uploaded by MANOJ KUMAR(HC01092) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 22:50:40 IST 2025