Prafulbhai Lavjibhai Pipaliya vs Meghjibhai Lakhabhai Vekrariya
2021 Latest Caselaw 483 Guj

          C/CA/2361/2020                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2361 of 2020

                    In F/FIRST APPEAL NO. 21141 of 2020

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                     PRAFULBHAI LAVJIBHAI PIPALIYA
                                 Versus
                    MEGHJIBHAI LAKHABHAI VEKRARIYA
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MR MAULIK J SHELAT(2500) for the Respondent(s) No. 2
RULE UNSERVED(68) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 13/01/2021

                              ORAL ORDER

1. Heard Mr. Nishit Bhalodi, learned advocate for the applicant and Ms. Maulik Shelat, learned advocate for the respondent No.2. Respondent nos.1 is unserved.

2. By this application, the applicant has prayed for condonation of delay of 153 days which has occurred in preferring the first appeal.

3. It is stated by the learned advocate for the applicant that the applicant came to know about the pronouncement of the impugned judgment / award passed by the learned tribunal on 24.10.219 and the applicant wanted to challenge the impugned award / judgment passed by the learned tribunal before this Court. The applicant visited the office of the advocate and arranged for necessary Court fees and certified copies. The certified copy of the judgment was received on 21.01.2020, the same

C/CA/2361/2020 ORDER

was then sent to the learned advocate of the High Court for necessary affirmation and also for preferring the appeal. It is further submitted that the applicant is not highly educated person and he is not aware about the limitation of filing the first appeal.

4. The explanation rendered shows that there is no malafide intention on the part of the applicant in preferring the first appeal beyond the period of limitation. Accordingly, the delay of 153 days which has occurred in instituting the first appeal is condoned. The application is allowed. Rule is made absolute to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J) MOHMMEDSHAHID