Minor Bhumikaben Jagdishbhai ... vs Ramjibhai Karshanbhai Makwana
2021 Latest Caselaw 921 Guj

           C/CA/2753/2020                                        ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CIVIL APPLICATION NO. 2753 of 2020
               In F/FIRST APPEAL NO. 24584 of 2020
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           MINOR BHUMIKABEN JAGDISHBHAI PARMAR
                             Versus
              RAMJIBHAI KARSHANBHAI MAKWANA
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                Date : 20/01/2021

                                  ORAL ORDER

1. The present application has been filed for seeking condonation of delay of 236 days occurred in filing the first appeal.

2. Heard learned advocate Mr.Nishit Bhalodi for the applicant and learned advocate Ms.Prutha Purani for learned advocate Mr.Anal Shah for the respondent no.3.

3. It is stated by the learned advocate for the applicant that the impugned judgment and award was passed by the learned tribunal on 30.03.2019 and the certified copy of the same was received on 30.08.2020. It is also stated that the applicants are not highly educated and are not aware about limitation of filing the first appeal and there is no deliberate delay nor shown any negligence on the part of the present applicant and there is no malafide intentions on the part of the present applicant.

4. The explanation rendered by the applicant requires consideration.

5. In that view of the matter, the delay as explained in the application is sufficiently explained by the learned advocate for the applicantand accordingly,

C/CA/2753/2020 ORDER

the same is required to be condoned.

6. Accordingly, the delay is condoned. Rule is made absolute.

7. Civil application is allowed.

(VAIBHAVI D. NANAVATI,J) MOHMMEDSHAHID