Somaben Apabhai Kungasia (Ahir) vs Bhadabhai Devrajbhai Akbari (Patel)
2025 Latest Caselaw 1308 Guj

Gujarat High Court

Somaben Apabhai Kungasia (Ahir) vs Bhadabhai Devrajbhai Akbari (Patel) on 24 July, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                  NEUTRAL CITATION




                              C/CA/3813/2025                                     ORDER DATED: 24/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3813 of
                                                    2025

                                               In F/FIRST APPEAL NO. 22570 of 2025

                      ==========================================================
                                        SOMABEN APABHAI KUNGASIA (AHIR) & ORS.
                                                       Versus
                                         BHADABHAI DEVRAJBHAI AKBARI (PATEL)
                      ==========================================================
                      Appearance:
                      MS HELLY PANCHAL FOR MR DHRUVIK K PATEL(7769) for the
                      Applicant(s) No. 1,2,3,4,5,6
                      ==========================================================

                         CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                               and
                               HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                Date : 24/07/2025
                                                  ORAL ORDER

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

1. By this application, the applicants, have made a request to condone the delay of 9 days caused in preferring the captioned appeal whereby, the challenge is to the judgment dated 28.03.2025 passed by the learned Additional Senior Civil Judge, Rajkot.

2. Ms Helly Panchal, learned advocate for Mr Dhruvik K. Patel, learned advocate for the applicants, submitted that after the judgment was passed by the learned Judge, the applicants - appellants, started promptly taking steps; however, some time got consumed in collecting papers, gathering information and discussing and taking advice of the learned advocate. After the learned advocate assigned the papers, steps were taken for preparing, finalizing and filing the captioned appeal. In the process, there occurred a delay of 9 days. It is urged that the delay being bona fide, the same, may kindly be condoned.

NEUTRAL CITATION

C/CA/3813/2025 ORDER DATED: 24/07/2025

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3. It is not in dispute that the delay is of 9 days which has caused in preferring the captioned appeal. Considering the length of delay and explanation offered, this Court, is of the opinion that delay of 9 days caused in filing the captioned appeal deserves to be condoned at the admission stage and is hereby condoned.

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

(SANGEETA K. VISHEN,J)

(MOOL CHAND TYAGI, J) RAVI P. PATEL