Ruksama Iqbalbhai Kushkiwala vs Salauddin Habbibbhai Iproliya
2023 Latest Caselaw 8759 Guj

Gujarat High Court

Ruksama Iqbalbhai Kushkiwala vs Salauddin Habbibbhai Iproliya on 18 December, 2023

                                                                                    NEUTRAL CITATION




       C/CA/877/2023                                ORDER DATED: 18/12/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 877 of
                                2023
                       In F/FIRST APPEAL NO. 6144 of 2020
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                       RUKSAMA IQBALBHAI KUSHKIWALA
                                  Versus
                       SALAUDDIN HABBIBBHAI IPROLIYA
================================================================
Appearance:
MR R.K.MANSURI(3205) for the Applicant(s) No. 1,2,3,4,5
RULE SERVED for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                Date : 18/12/2023
                                 ORAL ORDER

1. This application is filed under Section 5 of the Limitation

Act for condonation of delay of 143 days in preferring the First

Appeal on the reasons stated in the present application.

2. Heard learned advocate on record for the applicant. None

appears on behalf of the respondent though Rule is served.

3. Learned advocate for the applicant has submitted that the

applicants were not aware about the judgment and decree passed

by the learned Tribunal and upon coming to know about the

same, they could not arrange the funds for preferring Appeal. It

NEUTRAL CITATION

C/CA/877/2023 ORDER DATED: 18/12/2023

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is further submitted that the delay is not intentional and there

was no lethargy on the part of the applicant.

4. Having considered the submission made by the learned

advocate for the applicants and having considered the averments

stated in the application, it is needless to observe that in catena

of decisions, the view taken by the Hon'ble Supreme Court is,

while deciding an application for condonation of delay, the

liberal and justice oriented approach needs to be adopted so that

the substantive rights of the parties are not defeated only on the

ground of delay. To meet with the equity, delay can be

condoned. The delay has sufficiently been explained. Hence,

delay is condoned.

5. This application is allowed. Rule is made absolute.

(D. M. DESAI,J) RINKU MALI