Gujarat High Court
Vinodrai Chandulal Katarmal ... vs Bhailal Harilal Nanda on 2 December, 2022
Bench: Nikhil S. Kariel
C/SCA/12710/2021 ORDER DATED: 02/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12710 of 2021
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VINODRAI CHANDULAL KATARMAL (DIED DURING PENDANCY OF SUIT)
Versus
BHAILAL HARILAL NANDA
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Appearance:
MR HASIT H JOSHI(2480) for the Petitioner(s) No. 1,2,3,4,5,6
DS AFF.NOT FILED (N) for the Respondent(s) No. 4
MR DINESH V SOLANKI(10868) for the Respondent(s) No. 4.3,4.6
NOTICE SERVED BY DS for the Respondent(s) No. 10,12,3,4.1,4.4,4.7,5
UNSERVED REFUSED (N) for the Respondent(s) No.
1,11,13,2,4.2,4.5,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/12/2022
ORAL ORDER
1. Heard learned advocate Mr. Hasit Joshi for the
applicant and learned advocate Mr. DB Kansara for learned
advocate Mr. Dinesh V Solanki for respondents nos. 4.3, 4.6.
2. At the outset learned advocate Mr. Joshi on behalf of
the applicant would submit that while notice had been issued
by the Co-ordinate Bench of this Court vide order dated
14.09.2021, the Notice could be served upon the respondents
nos. 10, 12, 3, 4.1, 4.4, 4.7, 5, whereas respondents nos. 1,
11, 13, 2, 4.2, 4.5, 6, 7, 8, 9 have refused to accept the
Notice and respondent no.3 is shown as un served and
whereas according to the learned advocate, respondent no.4
has already expired and learned advocate Mr. Solanki,
C/SCA/12710/2021 ORDER DATED: 02/12/2022
represent respondents nos. 4.3, 4.6 who have been joined as
legal heirs of respondent no.4.
3. On merits, learned advocate Mr. Joshi submits that the
present application is preferred challenging an order passed
by the learned Principal District Judge, Jamnagar, dated
23.07.2021 in Civil Misc. Application No. 1 of 2020, whereby
learned Principal District Judge, Jamnagar had rejected the
application preferred by the present applicant for condoning
delay of 90 days which had occurred in preferring Appeal
against the judgment and order passed by the 5
th
Addl. Sr.
Civil Judge, Jamnagar in Regular Civil Suit NO. 152 of 2010
dated 01.10.2019.
4. Learned Mr. Joshi further submits that parties who are
present before this Court ie, respondents nos. 4.3 and 4.6
would not have any objections for the said delay to be
condoned. Such submission of learned advocate Mr. Joshi is
confirmed by learned advocate Mr. Kansara appearing for
learned advocate Mr. Solanki for the respondents nos. 4.3,
4.6.
5. Having regard to the same, on a broad consensus
arrived at between the applicant as well as the respondents,
who are present before this Court, the delay occurred in
filing the Appeal against the order dated 01.10.2019, stands
condoned and the impugned order dated 23.07.2021, is
quashed and set aside.
C/SCA/12710/2021 ORDER DATED: 02/12/2022
6. The learned District Court is directed to hear and
decide the Appeal preferred by the present applicant, on its
own merits. Needless to clarify that such hearing and the
subsequent decision by the First Appellate Court shall be on
its own merits without in any way being influenced by this
order.
7. The present application stands disposed of as allowed,
accordingly. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Radhika
