Patel Saw Mill Through Partner, ... vs President, Pardi Club
2025 Latest Caselaw 469 Guj

Gujarat High Court

Patel Saw Mill Through Partner, ... vs President, Pardi Club on 1 July, 2025

                                                                                                             NEUTRAL CITATION




                               C/CA/1277/2025                                ORDER DATED: 01/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1277 of
                                                     2025

                                         In F/MISC. CIVIL APPLICATION NO. 5463 of 2025

                        ==========================================================
                        PATEL SAW MILL THROUGH PARTNER, SHIVJIBHAI VEERJIBHAI PATEL
                                                   Versus
                                        PRESIDENT, PARDI CLUB & ANR.
                        ==========================================================
                        Appearance:
                        MS TANMAYI POOJARI, ADVOCATE for
                        MR SAURABH M PATEL(5019) for the Applicant(s) No. 1
                        ==========================================================

                             CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                         Date : 01/07/2025

                                                          ORAL ORDER

1. The present application is filed seeking condonation of delay of 312 days in filing the restoration application being F/ Misc. Civil Application No.5463 of 2025 which has been filed for restoration of the main appeal being F/ Second Appeal No.19090 of 2023 which had been dismissed for default on account of non-removal of office objections, though the coordinate Bench had granted two weeks' time by order dated 27.02.2024.

2. Learned advocate for the applicant submitted that on account of applicant's health being deteriorated as he is suffering from liver and kidney problem the office objections regarding certified copies of the judgment and decree both passed by the trial Court and the appellate Court could not be made available. Learned advocate submitted that additional affidavit is also filed on behalf of the applicant wherein it is stated that the advocate of the applicant has passed away on 10.09.2023

NEUTRAL CITATION

C/CA/1277/2025 ORDER DATED: 01/07/2025

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and therefore also more and much time consumed in receiving the certified copies of the judgment and decree passed by both the Courts below. Learned advocate for the applicant, therefore, requested to condone the delay.

3. Having heard learned advocate for the applicant and having gone through the contents of the application, it appears that the sufficient cause have been shown in the application so also in the additional affidavit filed by the applicant and, therefore, delay of 312 days' caused in filing the restoration of the main appeal is hereby condoned. The present application is allowed and it is disposed of accordingly.

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