Rajeshbhai Damjibhai Tilala vs Kishorkumar Parbatbhai Thesiya
2024 Latest Caselaw 438 Guj

Gujarat High Court

Rajeshbhai Damjibhai Tilala vs Kishorkumar Parbatbhai Thesiya on 17 January, 2024

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     C/CA/399/2019                                ORDER DATED: 17/01/2024

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                     R/CIVIL APPLICATION NO. 399 of 2019
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                        RAJESHBHAI DAMJIBHAI TILALA
                                  Versus
                     KISHORKUMAR PARBATBHAI THESIYA
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Appearance:
HARSHIT M KARATHIA(7916) for the Applicant(s) No. 1
MR SP MAJMUDAR(3456) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                              Date : 17/01/2024
                               ORAL ORDER

1. Present application is filed under Section 5 of the

Limitation Act for condonation of delay of 107 days in

preferring the Appeal.

2. Heard learned advocate Mr. Harshit M. Karathia for

applicant and learned advocate Mr. Jamshed Kavina for learned

advocate Mr. S. P. Majmudar for respondent.

3. Learned advocate for the applicant has submitted that

because of non-removal of office objections, the Special Civil

Application was dismissed on 12.09.2018. It is further submitted

that the learned advocate at that time remained under impression

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C/CA/399/2019 ORDER DATED: 17/01/2024

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that time to remove office objections would be granted by the

Court, however, no time was granted and straightaway the order

came to be passed dismissing the matter on 12.09.2018.

4. On the other hand, learned advocate Mr. Kavina for the

opponent has vehemently objected in granting the application on

the ground that by virtue of this application, the proceedings i.e.

Special Execution No.4/2011 pending before Taluka Court,

Dhoraji are stalled and the opponent is not enjoying the fruits of

the judgment and decree which has been passed in favour of the

present opponent. It is further submitted that the delay has not

sufficiently been explained and hence, the present application

may be rejected. It is further submitted that the aforesaid

execution proceedings are stalled only because of the pendency

of the present application, if delay is condoned, the execution

proceedings may be directed to be proceeded further.

5. Against this, learned advocate for the applicant, upon

instructions, states that delay may be condoned and the

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proceedings i.e. Special Execution No.4/2011 pending before

Taluka Court, Dhoraji be proceeded in accordance with law.

6. Considering the submissions of learned advocates for the

respective parties and the averments made in the application, the

lenient view is required to be adopted and accordingly, the delay

is condoned.

7. Learned advocate for the applicant has further submitted

that he shall remove the office objections before 24th January

2024 and upon removal of office objections, the restoration

application may be listed on board for hearing. Restoration

application is directed to be restored to its original File for

hearing after removing the office objections, on or before

24.01.2024. This Civil Application is allowed. However, it is

made clear that there shall be no stay against the proceedings of

Special Execution No.4/2011, which is pending before Taluka

Court, Dhoraji.

(D. M. DESAI,J) RINKU MALI