Gujarat High Court
Sonalben Pahaddan Narsungdan Gadhvi vs Okhudan Narsungdan Gadhvi on 11 August, 2025
NEUTRAL CITATION
C/CA/6164/2024 ORDER DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 6164 of 2024
In
F/FIRST APPEAL NO. 35298 of 2024
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SONALBEN PAHADDAN NARSUNGDAN GADHVI & ORS.
Versus
OKHUDAN NARSUNGDAN GADHVI & ANR.
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Appearance:
KAASH K THAKKAR(7332) for the Applicant(s) No. 1,2,3,4,5
MR KK THAKKAR(2834) for the Applicant(s) No. 1,2,3,4,5
MASUMI V NANAVATY(9321) for the Respondent(s) No. 2
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 11/08/2025
ORAL ORDER
Heard Mr. Kaash Thakkar, learned advocate for the
applicants - original claimants. Ms. Nanavaty, learned
advocate has entered her appearance for the respondent no.2
- insurance company.
The notice issued by this Court is reported to have been
duly served upon the respondent no.1. However, no
appearance has been entered. Noticing the limited prayer
sought for, the present application is taken-up for hearing in
NEUTRAL CITATION
C/CA/6164/2024 ORDER DATED: 11/08/2025
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absence of the respondent no.1.
The present application is filed under Section 5 of the
Limitation Act read with Section 173(1) of the Motor Vehicles
Act, 1988 seeking condonation of delay of 267 days caused in
preferring the appeal.
The learned advocate for the applicant has mainly refer
and relied upon the averments made in the application and
submitted that the impugned judgment and award was
pronounced on 14th December, 2023 and the awarded amount
was deposited by the insurance company only in the month of
May, 2024. He has further pointed-out that the applicants are
mainly the mother of the deceased and widow and their three
children and they come from small village and are not aware
about the intricacies of legal procedure. Time was consumed
in seeking legal advice and to arrange funds to meet with the
expenses of the Court fees. Learned advocate had therefore
urged this Court that the opportunity be extended to the
applicants - original claimants to present their case on merits
in appeal and to condone the delay.
Learned advocate for the respondent no.2 - insurance
NEUTRAL CITATION
C/CA/6164/2024 ORDER DATED: 11/08/2025
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company has vehemently objected to the aforesaid
submissions, as according to her, no sufficient cause has been
made-out to consider the prayer for delay.
Considering the submission of the learned advocates for
the respective parties, perused the explanation offered in light
of the averments made in the application being stated on oath,
in absence of any contradiction being pointed-out, this Court
is inclined to accept the aforesaid explanation as genuine and
reasonable which prevented the applicants - original
claimants to approach in appeal within stipulated period of
limitation. This Court is therefore inclined to exercise its
discretion noticing the benevolent scheme, the present
application is hereby allowed. The delay occurred in
referring the present application is hereby condoned. Rule
made absolute.
Looking to the number of days of delay, in order to
strike-out the balance, the applicants - original claimants shall
not be entitled to claim interest for the interregnum period of
delay caused in filing the appeal.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
