Vinodsinh Patirajsinh Chauhan vs Sandesh Mahadev Chauhan
2025 Latest Caselaw 5215 Guj

Gujarat High Court

Vinodsinh Patirajsinh Chauhan vs Sandesh Mahadev Chauhan on 26 June, 2025

                                                                                                                   NEUTRAL CITATION




                              C/CA/868/2025                                       ORDER DATED: 26/06/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                              868 of 2025
                                 In F/FIRST APPEAL NO. 16359 of 2024
                      =============================================
                                          VINODSINH PATIRAJSINH CHAUHAN
                                                      Versus
                                         SANDESH MAHADEV CHAUHAN & ORS.
                      =============================================
                      Appearance:
                      MR MAHESHKUMAR K PUROHIT(10627) for the Applicant(s) No.
                      1
                      RULE SERVED for the Respondent(s) No. 3
                      RULE UNSERVED for the Respondent(s) No. 1,2
                      =============================================
                        CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                       Date : 26/06/2025
                                         ORAL ORDER

1. Heard Mr. Purohit, learned advocate for the applicant. Mr. Tanmay Karia, learned advocate has received instructions to appear on behalf of the respondent no.3.

2. The present application is filed under Section 5 of the Limitation Act read with 173(1) of the Motor Vehicles Act seeking condonation of delay of 198 days caused in preferred the appeal. At the outset, learned advocate has invited my attention to the averments made in the application and has submitted that the impugned judgment and award was pronounced on 20.07.2023. He has invited my attention to the certified copy of the impugned judgment and award and to point out that certified copy was applied for on 23.08.2023, which was made available on 8.9.2023. Learned advocate has further contended that the applicant- claimant being aggrieved and dissatisfied with the impugned judgment being decided on lower side had sought legal advise to approach in

NEUTRAL CITATION

C/CA/868/2025 ORDER DATED: 26/06/2025

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appeal before this Court. The applicant had contacted the lawyer appearing in the High in the month of April 2024. The appeal was thereafter drafted and at that stage he was advised about the legal expenses to be incurred including the Court fees and the advocate fees. By making aforesaid submissions, learned advocate has submitted that all throughout applicant was vigilant to pursue the matter to file an appeal, however because of the circumstances, the delay of 198 days has crept in. He has therefore, urged this Court to condone the delay and the appeal may not be dismissed on technical ground of delay which may take away their right to present his case for enhancement.

3. Considering the aforesaid submissions of the learned advocate for the applicant, in light of the averments made in the application, the aforesaid explanation offered in absence of any contradictory being brought on record, are considered to be sufficient cause to consider their case for condonation of delay. Hence, delay of 198 days caused in preferring the appeal is hereby condoned. The present application stands allowed.

(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH