Gujarat High Court
Abdullah Mohammadzuber Abrahani vs Shailaben Mehamudmiya Kadri on 9 June, 2025
NEUTRAL CITATION
C/CA/3034/2025 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.
3034 of 2025
In F/FIRST APPEAL NO. 7687 of 2025
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ABDULLAH MOHAMMADZUBER ABRAHANI
Versus
SHAILABEN MEHAMUDMIYA KADRI & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard, Mr. Nishit A. Bhalodi, learned advocate on
record for the applicant -original claimant. Issue rule
returnable forthwith.
2. Looking at the number of minimal days of delay
involved in preferring the captioned appeal, the present
application is taken up for hearing in absence of the
respondents.
3. At the outset, learned advocate has invited my
attention to the averments made in the application. The
attention of this Court was invited to the relevant dates
by contending that the impugned Judgment and Award
was pronounced on 30.12.2024. Upon going through the
contents of the award, the applicant was dissatisfied with
the amount of compensation being awarded on the lower
side. After consulting the senior members in the family,
NEUTRAL CITATION
C/CA/3034/2025 ORDER DATED: 09/06/2025
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the decision was taken to avail the remedy of appeal. The
applicant had thereafetr approached the advocate in the
High Court and at that stage, the applicant was advised
about the legal expenses including the Court Fees to be
deposited at the stage of filing of the appeal. The time
was therefore consumed in making appropriate
arrangement in this regard and the Court Fees were
accordingly provided on 18.02.2025. The copy of the
judgment and award was also provided to learned
advocate to prefer an appeal. The advocate had
thereafter drafted the appeal memo along with an
application seeking condonation of delay. By inviting my
attention to the aforesaid circumstances, the learned
advocate has submitted that ultimately the appeal along
with the application was affirmed on 15.05.2025, which
was immediately submitted before this Court. In the
process, delay of 26 days has crept in. He has therefore
submitted that there was no gross negligency or willful
inaction on the part of the applicant in not preferring the
captioned appeal within the prescribed period of
limitation. He has further submitted that looking to the
cause which the applicant intends to pursue, this Court
may take liberal view and to condone the delay.
4. Considering the aforesaid submissions of learned
advocate for the applicants, in light of the averments
made in the application, in the opinion of this Court,
NEUTRAL CITATION
C/CA/3034/2025 ORDER DATED: 09/06/2025
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sufficient cause is made out to consider the present
application seeking condonation of delay. The delay of 26
days caused in preferring the appeal is hereby condoned.
Rule is made absolute. The application stands allowed.
(NISHA M. THAKORE,J)
Krupa Patel
