Jalpaben Parthivbhai Acharya ... vs Parthiv Devendrabhai ...
2025 Latest Caselaw 7758 Guj

Gujarat High Court

Jalpaben Parthivbhai Acharya ... vs Parthiv Devendrabhai ... on 10 November, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                NEUTRAL CITATION




                             C/CA/4924/2025                                      ORDER DATED: 10/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4924 of
                                                     2025
                                      In F/FIRST APPEAL NO. 28783 of 2025
                      ==========================================================
                                     JALPABEN PARTHIVBHAI ACHARYA (SOMPURA)
                                                      Versus
                                     PARTHIV DEVENDRABHAI ACHARYA(SOMPURA)
                      ==========================================================
                      Appearance:
                      MS ANUSHREE P NAGARSHETH(11431) for the Applicant(s) No. 1
                      MR. KULDEEP D VAIDYA(7045) for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                              and
                              HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                               Date : 10/11/2025
                                                 ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicant has prayed for condoning the delay of 27 days caused in preferring the captioned first appeal.

2. Ms Anushree P. Nagarsheth, learned advocate appearing for the applicant has made submissions along the lines of the averments made in the application. It is urged that after obtaining the certified copy, necessary advice was obtained considering the fact that the applicant was not aware about the legal proceedings. Subsequent thereto, steps were taken so as to challenge the judgment. In the process, there occurred a delay of 27 days in filing the captioned appeal. It is urged that the delay is bona fide which may kindly be condoned.

3. Mr Kuldeep D. Vaidya, learned advocate has urged to pass appropriate orders.

4. Having regard to the averments made so also the oral submissions, this Court, accepts the explanation offered and is of

NEUTRAL CITATION

C/CA/4924/2025 ORDER DATED: 10/11/2025

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the opinion that delay of 27 days caused in filing the captioned appeal deserves to be condoned and is hereby condoned.

5. Civil application succeeds and is accordingly allowed. Rule is made absolute to the aforesaid extent. No order as to costs.

6. Mr Kuldeep D. Vaidya, learned advocate states that he may be permitted to file his appearance in the main matter.

(SANGEETA K. VISHEN,J)

(NISHA M. THAKORE,J) RAVI P. PATEL