Shrinath Co Operative Housing Society ... vs Legal Heirs Of Deceased Mathurji ...
2025 Latest Caselaw 2408 Guj

Gujarat High Court

Shrinath Co Operative Housing Society ... vs Legal Heirs Of Deceased Mathurji ... on 8 August, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                         NEUTRAL CITATION




                              C/CA/3309/2025                              ORDER DATED: 08/08/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3309 of
                                                    2025

                                       In F/MISC. CIVIL APPLICATION NO. 16326 of 2025

                       ==========================================================
                            SHRINATH CO OPERATIVE HOUSING SOCIETY LTD., VILLAGE
                                              JAGATPUR & ANR.
                                                   Versus
                          LEGAL HEIRS OF DECEASED MATHURJI JESANGJI THAKOR & ORS.
                       ==========================================================
                       Appearance:
                       MR NISARG N TRIVEDI(6144) for the Applicant(s) No. 1,2
                       KHUSHI P JADAV(7351) for the Respondent(s) No. 1.1,1.2,1.3,1.4
                       VIRAL K SHAH(5210) for the Respondent(s) No. 10,3,4,5,6,7,8,9
                       ==========================================================

                         CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                               and
                               HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 08/08/2025

                                               ORAL ORDER

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

1. By this application, the applicant has prayed for condoning the delay of 57 days caused in preferring the review application.

2. Mr.Taukir Desai, learned Advocate for the applicants submitted that the certified copy of the judgment was applied somewhere in the month of April, 2025 and was delivered immediately; however, steps were taken for the purpose of taking necessary advice. It is thereafter that the applicant no. 2 suffered some health issues. Therefore, timely steps could not be taken. Thereafter, steps were taken but in the process there occurred a delay of 57 days. It is urged that the delay is bona fide which may kindly be condoned.

NEUTRAL CITATION

C/CA/3309/2025 ORDER DATED: 08/08/2025

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3. Mr.Viral Shah, learned Advocate appearing for the contesting respondents stated that only two grounds are mentioned in the application namely applying of the certified copy and change in the secretary of the society; however, it is fairly stated before this Court that appropriate order be passed.

4. Having regard to the averments made so also the oral submissions, this Court, is of the opinion that delay has been sufficiently explained. Hence, the delay of 57 days caused in filing the review application deserves to be condoned and is hereby condoned.

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

(SANGEETA K. VISHEN,J)

(NISHA M. THAKORE,J) SINDHU NAIR