Maya D/O Hiraman Zippa Lokhande ... vs Suresh Dattu Bhadange
2021 Latest Caselaw 2436 Guj

          C/CA/664/2019                                 ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/CIVIL APPLICATION NO. 664 of 2019
               In F/FIRST APPEAL NO. 4255 of 2019
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 MAYA D/O HIRAMAN ZIPPA LOKHANDE AND W/O SURESH BHADANGE
                             Versus
                   SURESH DATTU BHADANGE
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Appearance:
MS.P J.JOSHI(3888) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
         and
         HONOURABLE MR. JUSTICE A.S. SUPEHIA
                        Date : 16/02/2021
                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application is filed seeking condonation of delay of 617 days caused in filing the accompanying first appeal.

2. Learned advocate for the applicant has submitted that after passing of the impugned judgment and decree under challenge, some time got consumed in receiving papers from the court below and due to lack of knowledge of the proceedings to be initiated through legal aid as the applicant being a resident of Maharashtra was guided with due delay by the advocate from Maharashtra and she thereafter approached the legal aid committee and further initiate the proceedings in accordance with law which took long time and thus, the delay of 617 has been caused. Lastly, it is urged that the delay was not willful or deliberate and, therefore, the same may be condoned in the interest of justice.

3. Though served, none appears on behalf of the opponent.

4. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, the delay of 617 days requires to be condoned. The same is hereby condoned.

C/CA/664/2019 ORDER

5. Accordingly, the present application stands allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) NEHA GUPTA