Hemiben Harjibhai Parsana vs Raniben Harjibhai Parsana
2024 Latest Caselaw 181 Guj

Gujarat High Court

Hemiben Harjibhai Parsana vs Raniben Harjibhai Parsana on 8 January, 2024

                                                                                NEUTRAL CITATION




     C/CA/1809/2023                             ORDER DATED: 08/01/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1809 of
                            2023
               In F/APPEAL FROM ORDER NO. 26689 of 2023
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                      HEMIBEN HARJIBHAI PARSANA
                                Versus
                      RANIBEN HARJIBHAI PARSANA
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Appearance:
VMP LEGAL(7210) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,10,11,12,13,14,15,16,7,8,9
SERVED BY AFFIX(N) for the Respondent(s) No. 2,3,4,5,6
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                           Date : 08/01/2024
                            ORAL ORDER

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

Act for condonation of delay of 30 days in preferring captioned

Appeal from Order.

2. Heard learned advocate for the applicant. Though served,

none appears on behalf of the respondents.

3. Learned advocate for the applicant has submitted that the

applicant has not adopted any dilatory tactic and he has a good

case on merits to succeed in the Appeal from Order. He has

submitted that the main cause of delay is that the time consumed

NEUTRAL CITATION

C/CA/1809/2023 ORDER DATED: 08/01/2024

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in obtaining certified copy of the impugned judgment. It is

further submitted that the delay is not intentional and there was

no lethargy on the part of the applicant.

4. Having considered the submissions and having considered

the averments made 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. No order as to costs.

(D. M. DESAI,J) RINKU MALI