Decd. Gordhandas Odhavdas Jatwani vs Gopalbhai Sukhabhai Patel
2025 Latest Caselaw 5958 Guj

Gujarat High Court

Decd. Gordhandas Odhavdas Jatwani vs Gopalbhai Sukhabhai Patel on 22 April, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                NEUTRAL CITATION




                             C/CA/2178/2025                                      ORDER DATED: 22/04/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2178 of
                                                     2025
                                      In F/FIRST APPEAL NO. 21911 of 2024

                      ==========================================================
                                   DECD. GORDHANDAS ODHAVDAS JATWANI & ORS.
                                                    Versus
                                       GOPALBHAI SUKHABHAI PATEL & ORS.
                      ==========================================================
                      Appearance:
                      MR PREMAL S RACHH(3297) for the Applicant(s) No. 1,2,3
                      ==========================================================

                        CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                              and
                              HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                               Date : 22/04/2025
                                                 ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicants has prayed for condoning the delay of 3 days caused in preferring the F/First Appeal no.21911 of 2024 together with civil application (for stay) no.1 of 2024.

2. Mr Paras S. Bhetadiya, learned advocate for Mr Premal S. Rachh, learned advocate for the applicants submitted that the delay is bonafide and of three days. It is submitted that the judgment was pronounced and immediately, certified copy of the impugned judgment was applied on 22.04.2024 which was ready for delivery on 25.04.2024 and was delivered on 30.04.2024. The applicants were to file the appeal on or before 21.07.2024; however, the same could be filed only on 24.07.2024 after taking necessary steps. In the process, there occurred a delay of 3 days. It is urged that considering the number of days of delay, it may be condoned.

NEUTRAL CITATION

C/CA/2178/2025 ORDER DATED: 22/04/2025

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3. Having regard to the averments made so also the oral submissions and considering the quantum of delay, this Court, is of the opinion that delay of 3 days caused in filing the F/First Appeal no.21911 of 2024 together with civil application (for stay) no.1 of 2024 deserves to be condoned and is hereby condoned.

4. Civil application succeeds and is accordingly allowed. No order as to costs.

(SANGEETA K. VISHEN,J)

(NIRAL R. MEHTA,J) RAVI P. PATEL