Rajput Doliben Prajapati vs Divisional Manager
2025 Latest Caselaw 923 Guj

Gujarat High Court

Rajput Doliben Prajapati vs Divisional Manager on 15 July, 2025

                                                                                                          NEUTRAL CITATION




                              C/CA/2169/2025                              ORDER DATED: 15/07/2025

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                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                                        NO. 2169 of 2025
                                              In
                                F/FIRST APPEAL NO. 12090 of 2025

                       ======================================
                              RAJPUT DOLIBEN PRAJAPATI & ORS.
                                           Versus
                                   DIVISIONAL MANAGER
                       ======================================
                       Appearance:
                       MR VISHAL C MEHTA(6152) for the Applicant(s) No. 1,2,3,4
                       RULE SERVED for the Respondent(s) No. 1
                       ======================================

                       CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 15/07/2025

                                                       ORAL ORDER

Heard Mr. Vishal Mehta, learned advocate for the applicants - original claimants.

The present application is filed under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act, 1988 seeking condonation of delay of 100 days caused in preferring the appeal.

Learned advocate for the applicants - original claimants has invited my attention to the fact that the notice issued by this Court upon the respondent has been duly served, however, till date no appearance has been entered. He has further submitted that assailing from the same impugned judgment and award, the appeal preferred by the respondent

NEUTRAL CITATION

C/CA/2169/2025 ORDER DATED: 15/07/2025

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- S. T. Corporation, which was presented along with the delay condonation application, the Co-ordinate Bench has condoned the delay and the appeal is at large pending consideration at admission stage. He has therefore urged this Court to condone the delay in the present appeal as well at the instance of original claimants, who intends to present their case on merits for enhancement of the amount of compensation.

Considering the submissions made by the learned advocate for the applicants - original claimants in light of the averments made in the application, this Court is inclined to exercise its discretion to condone the delay. The present application therefore stands allowed. The delay of 100 days caused in preferring the appeal is hereby condoned.

(NISHA M. THAKORE, J.) AMAR RATHOD...