Hasmukhbhai Kesharbhai Chaudhari vs Subhashbhai Ravanbhai Mevada
2025 Latest Caselaw 1093 Guj

Gujarat High Court

Hasmukhbhai Kesharbhai Chaudhari vs Subhashbhai Ravanbhai Mevada on 9 June, 2025

                                                                                                                   NEUTRAL CITATION




                              C/CA/738/2025                                       ORDER DATED: 09/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 738 of
                                                       2025

                                              In F/FIRST APPEAL NO. 21963 of 2024

                       ==========================================================
                                          HASMUKHBHAI KESHARBHAI CHAUDHARI
                                                        Versus
                                         SUBHASHBHAI RAVANBHAI MEVADA & ORS.
                       ==========================================================
                       Appearance:
                       MR HIMANSU M PADHYA(1611) for the Applicant(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                           Date : 09/06/2025

                                                            ORAL ORDER

1. Heard Mr. Himansu M. Padhya, learned advocate on

record for the applicant - original claimants.

2. Noticing the minimum number of days involved in the

present application seeking condonation of delay, the

application is taken up for final hearing in absence of the

respondents.

3. Issue Rule, returnable forthwith. Mr. Harsh Shah,

learned AGP has appeared on advance copy on behalf of

respondent No.4 and waives service of notice of Rule on

behalf of the said respondent.

NEUTRAL CITATION

C/CA/738/2025 ORDER DATED: 09/06/2025

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4. Learned advocate Mr. Padhya appearing for the

applicant has invited my attention to the averments made in

the application and has submitted that the applicant is

aggrieved by the judgment and order dated 15.05.2024 passed

by the Tribunal whereby the claim petition preferred by the

applicant came to be dismissed.

5. Explaining delay, learned advocate has further submitted

that the applicant had immediately applied for certified copy

which was made available on 31.05.2024. He had further

explained that inadvertently at the stage of presenting the

appeal before this court the order passed below application

for indigent person preferred by the applicant before the

Tribunal, was not annexed. He had therefore applied for

certified copy of such application and the order passed

therein. In the process, the delay of 11 days had crept in, in filing the pauper application to prefer the appeal. He has

therefore urged to take liberal view and to condone the delay

caused in preferring the pauper application in moving the

appeal.

6. Considering the aforesaid explanation offered, in the

opinion of this court sufficient cause is made out to consider

the present application seeking condonation of delay of 11

days. The present application is therefore allowed. Rule is

NEUTRAL CITATION

C/CA/738/2025 ORDER DATED: 09/06/2025

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made absolute. Civil Application stands disposed of.

(NISHA M. THAKORE,J) MAYA