Savitriben Alias Shital Diven ... vs Diven Kharashankar Joshi
2023 Latest Caselaw 2753 Guj

     C/CA/3451/2019                                        ORDER DATED: 03/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 3451 of 2019
                                       In
                        F/FIRST APPEAL NO. 11686 of 2019

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                      SAVITRIBEN ALIAS SHITAL DIVEN JOSHI
                                     Versus
                          DIVEN KHARASHANKAR JOSHI
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Appearance:
ADITYA D DAVDA(8354) for the Applicant(s) No. 1
DILIPKUMAR K DAVDA(7858) for the Applicant(s) No. 1
MR D V KANSARA(7498) for the Respondent(s) No. 1
MR PREMAL S RACHH(3297) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE D. A. JOSHI

                                Date : 03/04/2023

                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application is filed seeking condonation of delay of 279 days in filing the First Appeal. Learned advocate Mr.Davda has submitted that delay may be condoned considering the averments made in the application. The same is vehemently opposed by learned advocate Mr.D.V.Kansara for the respondent.

2. We have perused the averments made in the application. The applicant-wife has stated that after managing funds for further litigation, she has applied for certified copy of judgment on 5.9.2019, which was made available on 7.2.2019.

C/CA/3451/2019 ORDER DATED: 03/04/2023

Thereafter, she has approached and consulted some lawyers in the High Court and got legal advice.

3. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application and cause espoused in the First Appeal, we are inclined to condone delay. Accordingly, delay of 279 days is hereby condoned. The present civil application stands allowed.

(A. S. SUPEHIA, J)

(D. A. JOSHI,J) R.S. MALEK