Jaysurajba Co. Op. Hou. Society Ltd vs Ashokbhai Pudlik Vani
2024 Latest Caselaw 4975 Guj

Gujarat High Court

Jaysurajba Co. Op. Hou. Society Ltd vs Ashokbhai Pudlik Vani on 19 June, 2024

                                                                                 NEUTRAL CITATION




     C/CA/1885/2024                               ORDER DATED: 19/06/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1885 of
                            2024

                 In F/CROSS OBJECTION NO. 24842 of 2023

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                 JAYSURAJBA CO. OP. HOU. SOCIETY LTD.
                                Versus
                       ASHOKBHAI PUDLIK VANI
==========================================================
Appearance:
ULLASH N GOHIL(8357) for the Applicant(s) No. 1
MR JF MEHTA(461) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                            Date : 19/06/2024

                             ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 136 days caused in preferring the cross objections against the judgment and decree dated 14.10.2022 passed in Civil Suit 1552 of 2004.

2. Learned advocate for the applicant has submitted that the applicant is a society and the members of the said society are senior citizen. It is further submitted that the time was taken for convening the meeting and time was consumed in taking decision. It is further submitted that the delay is not intentional and there was no lethargy on

NEUTRAL CITATION

C/CA/1885/2024 ORDER DATED: 19/06/2024

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the part of the applicant.

3. Having considered the submissions and averments made in the application, time consumed in taking decision and which resulted into delay in filing the cross objections. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated 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 needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.

4. The Civil Application is allowed and stands disposed of accordingly.

(D. M. DESAI,J) MANOJ