Gujarat High Court
Pravinchandra Keshavlal Shah vs Sonal Dhimantkumar Shah on 23 February, 2023
Bench: A.Y. Kogje
C/CA/934/2022 ORDER DATED: 23/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 934 of 2022
In F/FIRST APPEAL NO. 15484 of 2022
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PRAVINCHANDRA KESHAVLAL SHAH
Versus
SONAL DHIMANTKUMAR SHAH
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Appearance:
for the Applicant(s) No. 1
MR RAXIT J DHOLAKIA(3709) for the Applicant(s) No. 1
MR VIRAL M PANDYA(5257) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 23/02/2023
ORAL ORDER
[1] Leave to amend is granted to mention the correct date and
number.
[2] This application is filed by the applicant for condonation of delay
of 64 days in preferring the appeal against the judgment, order and
decree dated 05.02.2020 passed in Civil Suit No.1175 of 2008 by the City
Civil Court, Ahmedabad.
[3] Learned advocate for the applicant has drawn attention of this
Court to the contents of paras-4 and 5 of the application to submit that
the delay had occurred on account of the fact that the applicant was
unaware of the proceedings and as and when the applicant was came to
know about the impugned judgment and order, the applicant has moved
this Court by filing the appeal immediately however, 64 days delay has
occurred.
[4] As against this, learned advocate for the opponent has relied upon
an affidavit in reply of the opponent and has submitted that after the
C/CA/934/2022 ORDER DATED: 23/02/2023
period of 14 years that the opponent has succeeded before the Civil Court
and now simply by claiming ignorance of the proceedings, the present
appeal is preferred. It is submitted that the applicant is the father-in-law,
whereas the opponent is the daughter-in-law, who are residing in the
same premises and therefore, the reasons mentioned in the application for
condonation of delay are hardly believable. Learned advocate submitted
that as after a long time, the opponent is able to reap the benefit of
decree of the Court, the said right may not be disturbed and that too
after a deliberate delay.
[5] In rejoinder, learned advocate for the applicant has expressed his
willing to forthwith proceed with the First Appeal without any delay.
[6] The Court has considered the learned advocates for the parties and
perused the documents placed on record. Without entering into the merits
and demerits of the causes mentioned in the application and countered
by the opponent and considering the delay of 64 days, the Court is
inclined to allow the application. Hence, the application is allowed. Delay
of 64 days in preferring the appeal against the judgment and order
dated 05.02.2020 passed in Civil Suit No.1175 of 2008 by the City Civil
Court, Ahmedabad is hereby condoned. At the same, the Court observes
that the appeal may be listed forthwith with an understanding that both
the parties will proceed with the appeal as if the appeal is to be disposed
of finally at admission stage. Both the parties are permitted to submit
common paper book. Considering the relation between both the parties,
the Court deems if fit to impose cost of Rs.5,000/- to be paid directly to
the opponent within a period of two weeks.
(A.Y. KOGJE, J)
SIDDHARTH
