Shantaben Maheshkumar Patel vs Jamnaben Maheshkumar Patel
2022 Latest Caselaw 4787 Guj

     C/CA/462/2021                                ORDER DATED: 05/05/2022



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 462 of 2021

                     In F/SECOND APPEAL NO. 988 of 2021

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                     SHANTABEN MAHESHKUMAR PATEL
                                 Versus
                      JAMNABEN MAHESHKUMAR PATEL
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Appearance:
MR HIMANSHU C DESAI(6832) for the Applicant(s) No. 1,2
MR. MRUGESH A BAROT(6709) for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE DR. JUSTICE A. P. THAKER

                              Date : 05/05/2022

                                ORAL ORDER

1. Heard Mr. Himanshu Desai, learned advocate for the applicants and Mr. Mrugesh Barot, learned advocate for the respondents. Perused the application as well as the affidavit reply filed on behalf of respondent.

2. It is contended by the learned advocate for the applicants that the judgment was delivered on 22.11.2019 and the applicants applied for Certified Copy on 29.12.2019 and the Certified Copy was delivered on 21.3.2020. He has submitted that there was delay of one week in applying for Certified Copy. He has submitted that if that point is to be considered, the Civil Application would have been filed on 14.3.2020 but thereafter due to Covid-19 Pandemic, the Courts were not functioning and as per the decision of the Apex Court in Suo-motu order, the delay occurred between 15.3.2020 to 28.2.2022 came to be extended and, therefore, virtually there is a delay of only one day and has prayed to allow the present application by condoning the

C/CA/462/2021 ORDER DATED: 05/05/2022

delay in preferring the captioned Second Appeal.

3. The learned advocate for the respondent has strongly objected and has submitted that there is no sufficient cause for condoning the delay.

4. Having considered the submission of both the sides coupled with the material placed on record and the fact that the Hon'ble Apex Court in suo-motu order has extended the period of limitation from 15.3.2020 to 28.2.2022, the delay deserves to be condoned.

5. Hence, the present application is allowed. The delay occurred in preferring the captioned Second Appeal is hereby condoned. Rule is made absolute.

6. Registry to register the Second Appeal accordingly. No order as to costs.

(DR. A. P. THAKER, J) SAJ GEORGE