Gujarat High Court
Sunil Narendrasingh Yadav vs Lhs Of Decd. Pratapsinh Karansinh Yadav on 27 June, 2025
NEUTRAL CITATION
C/CA/973/2025 ORDER DATED: 27/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 973 of
2025
In F/FIRST APPEAL NO. 3636 of 2025
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SUNIL NARENDRASINGH YADAV
Versus
LHS OF DECD. PRATAPSINH KARANSINH YADAV & ORS.
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Appearance:
MR RAJESH K SHAH(784) for the Applicant(s) No. 1
MR. RAHUL M BAROT(9965) for the Respondent(s) No.
1.1,1.2,1.3,1.4,1.5,1.6
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 27/06/2025
ORAL ORDER
1. This is an application, filed under Section 5 of the
Limitation Act, seeking condonation of delay of 616 days,
caused in filing the appeal.
2. Heard learned advocate Mr. Rajesh K. Shah for the
applicant and learned advocate Mr. Rahul M. Barot for the
respondent.
3. Learned advocate for the applicant has submitted that
challenge in the First Appeal is against the judgment and decree
dated 10.04.2024 passed in Civil Suit No.2115 of 2011 by the
NEUTRAL CITATION
C/CA/973/2025 ORDER DATED: 27/06/2025
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learned City Civil Court, Ahmedabad. It is further submitted
that original plaintiff filed a suit for possession which was
contested by the applicant herein. The husband of plaintiff
No.1/1 and the original defendant are real brothers and the case
put up by the applicant in the trial was that the defendant was
residing in the suit property as an co-owner with his deceased
brother. It is further pointed put that applicant has strong case
both on the facts and on law. The reasons for delay in not
preferring the appeal within the stipulated period of limitation is
the financial constraints. The applicant is residing in a Chawl in
a very small area and has no other alternative accommodation. It
is further contended that judgment-creditor has filed execution
petition which is pending. If delay is not condoned, the right to
challenge impugned judgment and decree would be lost and
then upon loosing the battle in the execution petition, applicant
would loose the accommodation.
4. Per contra, learned advocate for the opponents has
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C/CA/973/2025 ORDER DATED: 27/06/2025
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contested the application on the ground that reasons assigned in
the application are not sufficient and every day of delay has not
been explained. It is further pointed out that the contention that
applicant is having no means is falsified by the averment made
in the affidavit stating that the occupation of applicant is
business. Explanation given by applicant the applicant are not
worth considering for the huge period of delay and therefore,
application may be dismissed.
5. I have considered the submissions canvassed by learned
advocates for the parties and the averments made in the
application. It appears that the dispute is between the family
members and a suit for possession is decreed by the learned trial
Court. The applicant, as per the averment made in the
application is residing in Chawl in a small area and has no other
alternative accommodation. The decree is for possession and the
execution petition is pending before learned trial Court. It is a
well settled law that while deciding an application of
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C/CA/973/2025 ORDER DATED: 27/06/2025
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condonation the delay, a lenient and justice oriented view is
required to be taken by the Court so that the legitimate right of a
litigant is not lost at the threshold. So far as the contention that
applicant is having no means and has no source of income, is
not a contention, which can be considered in its true sense. The
cause-title of the application as well as in the affidavit in support
of application clearly indicates that the applicant is carrying on a
business. To meet the ends of justice, delay requires to be
condoned a condition that cost of Rs.7,500/- to be deposited by
the applicant before the City & District Law Library, City Civil
and Sessions Court, Ahmedabad.
6. Delay is condoned upon depositing the amount of
Rs.7,500/- before the City & District Law Library, City Civil
and Sessions Court, Ahmedabad within a period of 10 days from
the receipt of the copy of this order.
(D. M. DESAI,J)
RINKU MALI
