Vijaybhai Ambalal Patel Lh Of Decd ... vs Jaswantsinh Indarsinh
2025 Latest Caselaw 472 Guj

Gujarat High Court

Vijaybhai Ambalal Patel Lh Of Decd ... vs Jaswantsinh Indarsinh on 1 July, 2025

                                                                                                                     NEUTRAL CITATION




                              C/CA/3106/2025                                         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.
                                            3106 of 2025
                                In R/CROSS OBJECTION NO. 105 of 2025
                       =============================================
                       VIJAYBHAI AMBALAL PATEL LH OF DECD RINKUBEN VIJAYBHAI
                                               PATEL
                                               Versus
                                   JASWANTSINH INDARSINH & ORS.
                       =============================================
                       Appearance:
                       MS HINA DESAI(1023) for the Applicant(s) No. 1
                       MR TANMAY B KARIA(6833) for the Respondent(s) No. 4
                       PRITHU PARIMAL(9025) for the Respondent(s) No. 3
                       =============================================
                        CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                       Date : 01/07/2025
                                        ORAL ORDER

1. Heard Ms. Hina Desai, learned advocate for the applicant- original claimant. Learned advocate Mr. Tanmay Karia has appeared on behalf of respondent no.4- Insurance Company and leaned advocate Ms. Shreya Oza has appeared on behalf of Mr. Prithu Parimal, learned advocate for the respondent no.3.

2. Present application under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 210 days caused in preferring the Cross Objection.

3. Learned advocate has placed reliance upon the order dated 16.6.2025 passed in Civil Application No.3095 of 2025 passed by this Court in the case of the present applicant arising out of cognate matter, whereby, this Court has condoned the delay caused in preferring the Cross Objection.

NEUTRAL CITATION

C/CA/3106/2025 ORDER DATED: 01/07/2025

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4. Learned advocate appearing on behalf of respondent no.3 has vehemently objected to the aforesaid submission.

5. Considering the aforesaid submission of the learned advocate for the applicant, in light of the averments made in the application and having condoned the delay in cognate matter where common impugned judgment and award has been assailed and the matter is at large pending consideration in the appeal, this Court is inclined to exercise its discretion and condone the delay. Hence, delay of 210 days caused in preferring Cross Objection is hereby condoned. Registry is directed to register the Cross Objection. Present application stands allowed.

(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH