Antarba W/O Natubha Zala D/O Akheraj ... vs Jivuba Akheraj Jadeja
2025 Latest Caselaw 1745 Guj

Gujarat High Court

Antarba W/O Natubha Zala D/O Akheraj ... vs Jivuba Akheraj Jadeja on 10 January, 2025

                                                                                                                      NEUTRAL CITATION




                               C/CA/2350/2024                                          ORDER DATED: 10/01/2025

                                                                                                                       undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2350 of
                                                     2024

                                                In F/SECOND APPEAL NO. 9854 of 2024
                       ==========================================================
                            ANTARBA W/O NATUBHA ZALA D/O AKHERAJ GUMANSANG JADEJA
                                                    Versus
                                         JIVUBA AKHERAJ JADEJA & ORS.
                       ==========================================================
                       Appearance:
                       MR.D K.PUJ(3836) for the Applicant(s) No. 1
                       ALPESH D ARYA(8839) for the Respondent(s) No. 6,7,8
                       CHETAN D KARIYA(8819) for the Respondent(s) No. 6,7,8
                       NOTICE SERVED for the Respondent(s) No. 1,2,3,5
                       NOTICE UNSERVED for the Respondent(s) No. 4
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                          Date : 10/01/2025

                                                           ORAL ORDER

1. Mr.Puj, learned advocate for the applicant seeks permission to delete the name of respondent no.4 herein viz. Velji Raghu Satvara contending that he is subsequent purchaser (original defendant) in whose favour rest of the respondents (original defendants) had executed sale-deed. It is submitted that throughout the proceedings he had not appeared before the Court either in person or through advocate and, therefore, he seeks permission to delete his name from the cause title, only from the present application for condonation of delay. However, he assures that name of respondent no.4 herein viz. Velji Raghu Satvara will remain continue in the cause title of the main matter being Second Appeal No.9854 of 2024. Accordingly, name of respondent no.4 herein viz. Velji Raghu Satvara is permitted to be deleted from the cause title of the present application for condonation of delay. Necessary amendment to be carried out during the course of the day.

                                                                                                       NEUTRAL CITATION




                               C/CA/2350/2024                          ORDER DATED: 10/01/2025

                                                                                                       undefined

2. Mr.Puj, learned advocate referring to the contents of the present application submitted that since the certified copy of the impugned judgment and decree passed by the learned District Judge dated 11.12.2023 was delivered only on 20.12.2023, the limitation period would start from that date only and as such there is no delay in filing the main matter. He submitted that even otherwise the delay of only 06 days' and, therefore, delay may be condoned.

3. Having heard learned advocate for the applicant and having gone through the contents of the application, more particularly para:2 of the application, it appears that the cause of the delay has satisfactorily been explained and, therefore, delay of 06 days caused in filing the main matter is hereby condoned. The present application is allowed accordingly.

(SANJEEV J.THAKER,J) MISHRA AMIT V.