Minaxiben Wd/O Sanjaybhai Chandubhai ... vs Sabebhusan Shoukin Singh
2025 Latest Caselaw 1583 Guj

Gujarat High Court

Minaxiben Wd/O Sanjaybhai Chandubhai ... vs Sabebhusan Shoukin Singh on 1 August, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                             NEUTRAL CITATION




                             C/CA/3823/2025                                   ORDER DATED: 01/08/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3823 of
                                                      2025
                                       In R/FIRST APPEAL NO. 3949 of 2019
                                                      With
                              MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1 of 2023
                                       In R/FIRST APPEAL NO. 3949 of 2019
                      ==========================================================
                              MINAXIBEN WD/O SANJAYBHAI CHANDUBHAI MALI & ORS.
                                                    Versus
                                       SABEBHUSAN SHOUKIN SINGH & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5
                      MR YOGI K GADHIA(5913) for the Respondent(s) No. 3
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                 and
                                 HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                                          Date : 01/08/2025

                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. Rule returnable forthwith. Learned Advocate Mr. Yogi K. Gadhia waives service of notice of rule on behalf of the respondent No.3.

2. This application is filed by the applicants under Section 5 of the Limitation Act for condoning the delay of 469 days in filing Review Application, wherein main application is seeking review of Oral Judgment dated 16-12-2021 passed in First Appeal No.3949 of 2019.

NEUTRAL CITATION

C/CA/3823/2025 ORDER DATED: 01/08/2025

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3. At the outset, learned Advocate for the applicants has drawn our attention to the order passed by Hon'ble Apex Court dated 19- 05-2022 in Special Leave to Appeal No.8817 of 2022, wherein permission was granted to withdraw Special Leave Petition to file Review Application. It is after the order of of Apex Court that present Review Application is filed.

4. Learned Advocate Mr. Yogi K. Gadhia for respondents does not seriously object to grant of condonation of delay application.

5. Accordingly, the application is allowed. Rule is made absolute to the aforesaid extent. The delay of delay of 469 days caused in filing Review Application is hereby condoned.

6. The Registry is directed to list Review Application at the earliest.

(A.Y. KOGJE, J)

(MAUNA M. BHATT,J) PARESH SOMPURA