Zala Krishnaba Ghanshyamsinh vs Karanji Dhanaji Thakor
2025 Latest Caselaw 1094 Guj

Gujarat High Court

Zala Krishnaba Ghanshyamsinh vs Karanji Dhanaji Thakor on 9 June, 2025

                                                                                                                   NEUTRAL CITATION




                              C/CA/2774/2025                                       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. 2774 of
                                                    2025

                                               In F/FIRST APPEAL NO. 14446 of 2025

                       ==========================================================
                                               ZALA KRISHNABA GHANSHYAMSINH
                                                            Versus
                                                KARANJI DHANAJI THAKOR & ORS.
                       ==========================================================
                       Appearance:
                       MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                          Date : 09/06/2025

                                                             ORAL ORDER

1. Heard learned advocate Mr. Jainam Shah appearing for

Mr. Rathin P. Paval, learned advocate on record for the

applicant.

2. Issue Rule returnable forthwith.

3. Looking to the minimum number of days involved in

the present application seeking condonation of delay in

preferring the appeal, the present application is taken up for

final hearing in absence of the respondent.

4. Learned advocate at the outset has invited my attention

NEUTRAL CITATION

C/CA/2774/2025 ORDER DATED: 09/06/2025

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to the averments made in the application and has submitted

that the applicant - original claimant is mainly aggrieved by

the finding of negligency attributed to the present applicant

to the extent of 35% as according to him, the deceased was

not at all negligent in attributing to the accident. Learned

advocate has also invited my attention to the other grounds

raised in the appeal whereby he seeks enhancement of the

compensation. He has further invited my attention to the

averments made in the application and has submitted that

the applicants have good prima facie case. The delay of 41

days has crept in, in the process of pursuing the matter. He

has therefore urged this Court to take liberal view and to

condone the delay.

5. Considering the aforesaid submissions of the learned

advocate for the applicant and looking to the averments made in the application, it transpires that the impugned judgment

and award came to be passed on 27.11.2024. The certified

copy of the same was applied on 17.12.2024 which was

received by the applicant on 03.01.2025. It is further stated

that the time was consumed in seeking necessary papers and

to arrange for legal expenses including the court fees.

6. Looking to the aforesaid explanation offered and the

challenge made in the captioned appeal in the opinion of this

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C/CA/2774/2025 ORDER DATED: 09/06/2025

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Court there is no deliberate delay or gross negligency on the

part of the applicant in not pursuing the matter within the

prescribed period of limitation.

7. Taking the liberal view, the delay caused in preferring

the captioned appeal deserves consideration. Hence, the

present application seeking condonation of delay of 41 days

caused in preferring the captioned appeal is hereby allowed.

Rule is made absolute.

(NISHA M. THAKORE,J) MAYA