Baldevji Ramaji Thakor vs Kantilal Kacharadas Patel
2022 Latest Caselaw 9285 Guj

       C/CA/517/2020                                 ORDER DATED: 19/10/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 517 of 2020

                       In F/FIRST APPEAL NO. 1529 of 2020

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                            BALDEVJI RAMAJI THAKOR
                                     Versus
                          KANTILAL KACHARADAS PATEL
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Appearance:
MS SHACHI G MATHUR(3069) for the Applicant(s) No. 1
MR MJ PARIKH(577) for the Respondent(s) No. 1,2
MS DIMPLE M PARIKH(7500) for the Respondent(s) No. 1,2
RULE SERVED for the Respondent(s) No. 3
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                Date : 19/10/2022
                                 ORAL ORDER

1. The present application is filed seeking condonation of delay of 152 days in preferring the captioned first appeal.

2. The applicant has explained the delay in the application contains in paragraph no.1 of the application. The same is as under:-

"2.The learned Judge passed the impugned order dated 10.05.2019. The original plaintiffs valued the suit at Rs.48,00,00/- but after some time by amendment application Exh.44 increased the valuation of the suit. After the judgment dated 10.05.2019, the present applicant under the impression that appeal against the said order required to be filed before the district court. Meanwhile, applicant received notice of delay condonation application in first appeal filed by Bhiloda Udesinh i.e. original defendant

C/CA/517/2020 ORDER DATED: 19/10/2022

no.1. Thereafter, applicant inquired about the same and came to know regarding the amendment in Gujarat civil court act. It is now clear that appeal against the order of the trial court n which the valuation of the suit is more than 50 lac is required to be filed before the High Court and therefore, the present applicant preferred the first appeal."

3. Considering the averments made in the application and the contentions raised by the learned advocate for the applicant, the present application deserves to be allowed.

4. Accordingly, the present application is allowed. The delay of 152 days in preferring the captioned first appeal is hereby condoned.

(A. S. SUPEHIA, J) ABHISHEK/154