Bansibhai Narayanbhai Kalal ... vs Dineshbhai Laxminarayan Nayi ...
2022 Latest Caselaw 5765 Guj

     C/CA/1343/2019                                 ORDER DATED: 29/06/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1343 of 2019
                                       In
                         F/FIRST APPEAL NO. 4859 of 2019

==========================================================
               BANSIBHAI NARAYANBHAI KALAL DELETED
                               Versus
               DINESHBHAI LAXMINARAYAN NAYI DELETED
==========================================================
Appearance:
MR. HIREN M MODI(3732) for the Applicant(s) No. 1,2
DELETED for the Respondent(s) No. 1,3
NOTICE ISSUED BY PUBLICATION for the Respondent(s) No. 2,5
NOTICE SERVED for the Respondent(s) No. 4
==========================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 29/06/2022

                                 ORAL ORDER

1. This application has been filed for condoning the delay of 948 days caused in filing the captioned First Appeal.

2. It is submitted by learned advocate for the applicants that the applicants came to know about the passing of the judgment and award belatedly and thereafter, the applicants had to arrange funds for making payment of the legal expenses, court fees, etc. for the purpose of filing the present appeal before this Court and also for meeting some medical exigency in their family.

3. Considering the facts and circumstances of the case and in view of the decision of Apex Court in Collector Land

C/CA/1343/2019 ORDER DATED: 29/06/2022

Acquisition, Anantnag & Anr. V. Mst. Katiji & Ors., AIR 1987 SC 1353, this Court is of the view that sufficient cause has been shown by the applicants to condone the delay in question. Hence, the application is allowed and the delay caused in filing the captioned First Appeal is hereby condoned. Rule is made absolute.

(GITA GOPI, J)

PRAVIN KARUNAN