Manojbhai Achalaji Khatri vs Hathiji Aataji @ Atthaji Aataji
2025 Latest Caselaw 2376 Guj

Gujarat High Court

Manojbhai Achalaji Khatri vs Hathiji Aataji @ Atthaji Aataji on 7 August, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                             NEUTRAL CITATION




                               C/CA/4147/2025                                ORDER DATED: 07/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4147 of
                                                     2025

                                                In F/FIRST APPEAL NO. 16760 of 2025

                       ==========================================================
                                                MANOJBHAI ACHALAJI KHATRI
                                                            Versus
                                            HATHIJI AATAJI @ ATTHAJI AATAJI & ORS.
                       ==========================================================
                       Appearance:
                       MR NM KAPADIA(394) for the Applicant(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                and
                                HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                               Date : 07/08/2025
                                                ORAL ORDER

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

1. By this application, the applicant has prayed for condoning the delay of 22 days caused in preferring the captioned first appeal.

2. Mr.RN Kapadia, learned advocate for the applicant submitted that the applicant was not aware about the impugned judgment dated 17.01.2025. It was only somewhere in the month of February, 2025, a message was received from his advocate about the judgment passed by the Court below. In the interregnum, the applicant suffered health issues and was hospitalized in Zydus Hospital. After being discharged, steps were taken. Certified copy was applied and advocate was approached and after taking necessary steps, that the appeal came to be filed. As a result whereof, some time got consumed culminating into delay of 22 days. It is urged that the delay is bona fide which may kindly be condoned.

NEUTRAL CITATION

C/CA/4147/2025 ORDER DATED: 07/08/2025

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3. Having regard to the averments made so also the oral submissions and considering the length of delay and explanation offered, this Court, deems it appropriate not to issue notice and condone the delay. Accordingly, the delay of 22 days caused in filing the captioned appeal is hereby condoned.

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

(SANGEETA K. VISHEN,J)

(MOOL CHAND TYAGI, J) SINDHU NAIR