[Cites 2, Cited by 0]
Gujarat High Court
Sarojben D/O Devubhai Kesarirang ... vs Sanskar Dham Trust Through Its Chairman ... on 1 December, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2312/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2312 of
2025
In F/FIRST APPEAL NO. 4435 of 2025
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SAROJBEN D/O DEVUBHAI KESARIRANG VAGHELA AND W/O
NARENDRASINH JADEJA
Versus
SANSKAR DHAM TRUST THROUGH ITS CHAIRMAN AND TRUSTEE DR.
RAJENDRABHAI KESHAVLAL SHAH & ORS.
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Appearance:
MR HENIL M SHAH(10677) for the Applicant(s) No. 1
KHYATI A CHUGH(10132) for the Respondent(s) No. 1,2
MR. PARTH H BHATT(6381) for the Respondent(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 3,4.1,5
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 01/12/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant under Section 5
of the Limitation Act for condoning the delay of 74 days
in preferring First Appeal (Filing) No.2312 of 2025.
2. Learned advocate has drawn attention of this Court to
the contents of para-2 to 5 of the application, wherein it
stated that the judgement was passed by the Court
below on 17.08.2024. The certified copy was applied for
on 10.09.2024 and was made ready for delivery on
18.09.2024. The delay had occurred in view of the fact
NEUTRAL CITATION
C/CA/2312/2025 ORDER DATED: 01/12/2025
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that after passing the impugned judgement and decree,
the local advocate informed the power of attorney of the
petitioner about the same, who in turn communicated
the same to the petitioner. Thereafter, the petitioner and
her power of attorney approached the local advocate in
Ahmedabad and received legal advise for prosecuting
the matter further. The learned advocate advised the
present appellant to file the present appeal against the
impugned judgement and award and hence consumed
some time in the process. Upon instructions from the
petitioner, the local advocate applied for certified copy
of the impugned judgement and decree on 10.09.2024
and received the same on 18.09.2024. The petitioner,
being a widow, some time was utilized for gathering
requisite Court fees and thereafter the local advocate
prepared the entire file of case papers and sent it to the
learned advocate for the appellant, who received the
same on 10.01.2025.
3. Therefore, learned advocate has drawn attention of this
Court to the reasons for which delay has occurred.
4. Considering the aforesaid, particularly, period of 74 days
of delay, the Court is of the view that considering the
facts involved in the case, delay cannot be treated as
inordinate.
5. Considering the submissions and the contents of the
para mentioned hereinabove, the delay is also explained
sufficiently.
NEUTRAL CITATION
C/CA/2312/2025 ORDER DATED: 01/12/2025
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6. A reference in this regard may be made to the judgment
of the Supreme Court in case of Sheo Raj Singh
(Deceased) through Legal Representatives and
others vs. Union of India and Another, reported in,
(2023) 10 SCC 531, wherein the term "Sufficient
Cause" was interpreted and the approach of Courts
while deciding application for condonation of delay was
discussed.
7. In view of the aforesaid, the application is allowed.
The delay of 74 days caused in preferring First Appeal
(Filing) No.2312 of 2025 is hereby condoned. Registry is
directed to list the main appeal in due course.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
SUDHIR
