Birju Maheshbhai Makadiya vs Yesha Birju Makadiya
2021 Latest Caselaw 196 Guj

          C/CA/4155/2019                                   ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 4155 of 2019

                    In F/FIRST APPEAL NO. 37444 of 2019

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                       BIRJU MAHESHBHAI MAKADIYA
                                  Versus
                          YESHA BIRJU MAKADIYA
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Appearance:
VMP LEGAL(7210) for the Applicant(s) No. 1
MR YOGESHKUMAR A RATANPARA(7260) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                             Date : 07/01/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr. Vimal Patel for the applicant and learned advocate Mr. Yogeshkumar Ratanpara for the respondent.

2. The applicant has sought to challenge the judgment and decree dated 31.8.2019 passed by learned Principal Judge, Family Court, Junagadh, whereby Family Suit No.67 of 2016 came to be allowed. In preferring the appeal, delay of 39 days has occurred to condone which the present application is filed.

3. Explaining the delay it is stated in the application that the certified copy of the judgment and decree was immediately obtained on 23.9.2019. It was stated that the record was bulky and intervening holidays due to Dusshera and Diwali it contributed into consumption of time before appeal could be filed. It is also the case that the

C/CA/4155/2019 ORDER

applicant was not aware about the legal intricacies which prevented him from observing him the limited period.

4. Looking to the extent of delay and explanation furnished in the application, it could not be said that there was any deliberate conduct on part of the applicant to while away time.

5. Sufficient cause is made out to condone the delay. Therefore delay of 39 days caused in preferring the First Appeal is condoned. This application is allowed. Rule is made absolute.

The Registry shall list the First Appeal after four weeks.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi