Rathod Gauriben Haribhai W/O Haribhai ... vs Pradeepkumar S/O Ramadhar Jagatdin ...
2025 Latest Caselaw 5865 Guj

Gujarat High Court

Rathod Gauriben Haribhai W/O Haribhai ... vs Pradeepkumar S/O Ramadhar Jagatdin ... on 17 April, 2025

                                                                                                             NEUTRAL CITATION




                                C/CA/566/2025                               ORDER DATED: 17/04/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                            R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 566 of
                                                       2025
                                             In F/CROSS OBJECTION NO. 1095 of 2025
                       ================================================================
                         RATHOD GAURIBEN HARIBHAI W/O HARIBHAI KESHABHAI RATHOD &
                                                   ORS.
                                                  Versus
                            PRADEEPKUMAR S/O RAMADHAR JAGATDIN YADAV & ORS.
                       ================================================================
                       Appearance:
                       MR.DARSHAN A. DAVE(7921) for the Applicant(s) No. 1,2,3
                       MR TANMAY B KARIA(6833) for the Respondent(s) No. 5
                       MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
                       RULE NOT RECD BACK for the Respondent(s) No. 1
                       RULE SERVED for the Respondent(s) No. 2,4
                       ================================================================
                          CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                        Date : 17/04/2025
                                                         ORAL ORDER

1. This is an application, filed under Section 5 of the

Limitation Act, 1963, seeking condonation of delay of 728 days,

caused in filing cross-objection in First Appeal No.4058 of

2022.

2. Learned advocate Mr.Darshan A. Dave for the applicants

and learned advocate Mr. Tanmay K. Karia for respondent No.5

and learned advocate Mr. Vibhuti Nanavati for respondent No.3.

Though served, none appeared for respondent Nos.2 and 4.

3. Learned advocate for the applicant has submitted that

NEUTRAL CITATION

C/CA/566/2025 ORDER DATED: 17/04/2025

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cross-objections are filed challenging the judgment and award

dated 31.01.2022. It is further contended that applicants were

not having legal knowledge, therefore, time was consumed in

taking the decision. However, when the notice of admission of

First Appeal was received by the applicants, the applicants

thereafter took a decision to file cross-objection. It is further

contended that applicants will not claim any interest for the

delayed period of 728 days in case, cross-objections are

allowed.

4. Having considered submissions and the averments made in

the application, the case is made out for condonation of delay.

Resultantly, delay is condoned on a condition that claimants

shall not be entitled to any interest for the delayed period in

case, claimant/s succeeds in cross-objection.

5. In view of the above, the present application stands

disposed of accordingly.

(D. M. DESAI,J) RINKU MALI