Jaguben Manubhai Maisurya vs Kanti Maganbhai Patel
2025 Latest Caselaw 7725 Guj

Gujarat High Court

Jaguben Manubhai Maisurya vs Kanti Maganbhai Patel on 7 November, 2025

                                                                                                               NEUTRAL CITATION




                                C/CA/1534/2025                                 ORDER DATED: 07/11/2025

                                                                                                               undefined




                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1534 of
                                                      2025

                                                  In F/FIRST APPEAL NO. 2210 of 2025

                        ==========================================================
                                                 JAGUBEN MANUBHAI MAISURYA & ORS.
                                                               Versus
                                                    KANTI MAGANBHAI PATEL & ORS.
                        ==========================================================
                        Appearance:
                        MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2,3,4,5,6
                        NOTICE SERVED for the Respondent(s) No. 2
                        NOTICE UNSERVED for the Respondent(s) No. 1.1
                        ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                           Date : 07/11/2025
                                                            ORAL ORDER

1. Heard learned advocate for the applicant. Though served, none appears for the respondent No.2.

2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 949 days caused in filing the captioned appeal.

3. It appears that the claim petition of the present applicant came to be dismissed, and out of the said group of matters, other two appeals, being First Appeal No. 3835 of 2023 and First Appeal No. 2443 of 2023, were preferred, which came to be allowed. Subsequently, those matters were remanded to the concerned Tribunal, whereas the present matter was left out.

4. Having heard the learned advocates for the respective parties and considering the averments made in the application,

NEUTRAL CITATION

C/CA/1534/2025 ORDER DATED: 07/11/2025

undefined

and keeping in view the benevolent and liberal approach required to be adopted in such matters, this Court finds that though the applicant remained negligent for a period of 949 days, the learned advocate for the applicant has fairly submitted that the applicant is ready and willing to waive the right to claim interest for the said period of delay.

5. In view of the above, this Court is of the opinion that sufficient cause is made out to condone the delay. Reliance is placed on the judgment of the Hon'ble Apex Court in N. Balakrishnan vs. M. Krishnamurthy, reported in AIR 1998 SC 3222. Accordingly, the delay of 949 days in filing the appeal is hereby condoned. Accordingly, the application is allowed, subject to the condition that in the event any award or compensation is passed in favour of the applicant in future, the applicant shall not be entitled to claim interest for the aforesaid period of 949 days.

(HASMUKH D. SUTHAR,J) ALI