Sovanlal Keshavlal Prajapati vs Sarasvati W/O Sovanlal Prajapati
2025 Latest Caselaw 1877 Guj

Gujarat High Court

Sovanlal Keshavlal Prajapati vs Sarasvati W/O Sovanlal Prajapati on 5 August, 2025

                                                                                                                    NEUTRAL CITATION




                            R/CR.MA/21099/2024                                         ORDER DATED: 05/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                21099 of 2024

                                 In F/CRIMINAL REVISION APPLICATION NO. 40846 of 2024

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                                            SOVANLAL KESHAVLAL PRAJAPATI
                                                         Versus
                                        SARASVATI W/O SOVANLAL PRAJAPATI & ORS.
                       ==========================================================
                       Appearance:
                       MR ANIL H SONI(2793) for the Applicant(s) No. 1
                       MS. ALKA B VANIYA(6945) for the Respondent(s) No. 1,2,3
                       MR. NIRAJ SHARMA, APP for the Respondent(s) No. 4
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                         CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 05/08/2025

                                                               ORAL ORDER

1. Heard learned advocate Mr. Anil H. Soni for the applicant. It is submitted that there is delay of 137 days in preferring revision application against the order passed by the learned Family Court, Mahesana. Further it us submitted that delay has been occurred because of the present applicant was not aware of the judgment declared by the learned Family Court as considering delay is to be condoned.

2. On the other hand, learned advocate Ms. Alka B. Vaniya for the respondent. It is submitted that no sufficient cause has been shown as delay is not required to be condoned.

NEUTRAL CITATION

R/CR.MA/21099/2024 ORDER DATED: 05/08/2025

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3. After rival submission of the the respective parties, perusing the contention raised in the application in catena of the judgment of the Hon'ble Apex Court has held that when the technicality has been pitted against the substance of justice, Court has always to give preference to the substance of justice. Considering this the reasons stated for causing delay is found to be genuine and satisfactory to this Court. Accordingly, present application is allowed. Delay of 137 days caused in preferring the revision application is hereby condoned. Rule is made absolute to the aforesaid extent.

(L. S. PIRZADA, J) HRT