Gujarat High Court
The Lhs Of Harijan (Parmar) Bheema Deva vs State Of Gujarat on 24 April, 2025
NEUTRAL CITATION
C/CA/1613/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1613 of
2025
In F/FIRST APPEAL NO. 2476 of 2025
With
R/CIVIL APPLICATION NO. 1616 of 2025
In
F/FIRST APPEAL NO. 1556 of 2025
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THE LHS OF HARIJAN (PARMAR) BHEEMA DEVA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9
MR. MANOHAR RAHEVAR, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 24/04/2025
COMMON ORAL ORDER
1. Heard learned advocates for the respective parties.
2. Issue Rule, returnable forthwith. Learned AGP waives service of
notice of rule for and on behalf of respondent-State Authorities.
3. The present application is filed seeking condonation of delay of
19 days and 11 days respectively caused in preferring the captioned
appeal.
4. Learned advocate on record for the applicants, at the outset,
has referred to and relied upon the averments made in the
application, and has submitted that the impugned judgment and order
NEUTRAL CITATION
C/CA/1613/2025 ORDER DATED: 24/04/2025
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came to be pronounced on 30.09.2024. The applicants were not aware
as it was an ex parte award. As and when, the applicants became aware
about the aforesaid order, in the first week of November-2024, the
applicants had immediately approached the lawyer and had applied
for certified copy. Learned advocate for the applicants has further
pointed out that applicants are having limited resources and are
financially weak. The time was consumed in obtaining the certified
copy of the order as well as in engaging the advocate before this
Court in preferring the present appeal. The time was also consumed in
legal expenses. By making the aforesaid submissions, learned
advocate for the applicants has submitted that the applicants have
good case on merits and they are hopeful for getting enhancement of
compensation. He has, therefore, urged this Court to take liberal view
and condone the delay, in the interest of justice.
5. Learned AGP Mr. Manohar Rahevar appearing for the
respondent-State Authorities has objected to the aforesaid
averments made in the application, and has submitted that no
sufficient cause is made out to consider the prayer for condonation of
delay.
6. Considering the aforesaid submissions of learned advocates for
the respective parties and having considered the averments made in
the application, sufficient cause is made out to condone the delay. The
delay of 19 days and 11 days respectively caused in preferring
captioned appeals, in absence of any contradictory facts being pointed
out, is condoned. The present application succeeds. Rule is made
absolute.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
