Shashikala Laxman Vaghela, Trustee Of ... vs Fr. Jerry Sequiera, S. J
2025 Latest Caselaw 2563 Guj

Gujarat High Court

Shashikala Laxman Vaghela, Trustee Of ... vs Fr. Jerry Sequiera, S. J on 14 August, 2025

                                                                                                           NEUTRAL CITATION




                             C/CA/4207/2025                                 ORDER DATED: 14/08/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4207 of
                                                    2025

                                              In F/FIRST APPEAL NO. 22840 of 2025

                      ==========================================================
                         SHASHIKALA LAXMAN VAGHELA, TRUSTEE OF ADIVASI SAMACHAR
                                         EDUCATION TRUST & ORS.
                                                  Versus
                                      FR. JERRY SEQUIERA, S. J & ORS.
                      ==========================================================
                      Appearance:
                      MR MB GOHIL(2702) for the Applicant(s) No. 1,2,3,4,5
                      MS. AISHWARI R SHAH(17307) for the Respondent(s) No. 1,2,3,4,5,6,7
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                       Date : 14/08/2025
                                                        ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act,1963 for condonation of delay of 55 days caused in preferring the Appeal.

2. Heard learned advocate Mr.MB Gohil for the applicants and learned advocate Ms.A.R.Shah for the respondents.

3. Learned advocate for the applicants submitted that the applicants were unaware about the legal procedure. They became aware of the order passed by the learned City Civil Court only later, and it also took some time to obtain the certified copy of the judgment. It is

NEUTRAL CITATION

C/CA/4207/2025 ORDER DATED: 14/08/2025

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further submitted that the delay is not intentional and there was no lethargy on the part of the applicants.

3. Per contra, learned advocate for the respondents has opposed the application and submitted that the reasons assigned in the application are not sufficient for condoning the delay

4. Having considered the submissions of both the sides and having considered the averments made in the application, this Court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.

5. The application is allowed and stands disposed of.

(D. M. DESAI,J) MANOJ