Sahistabanu Mohammad Sahid Khokhar vs Maheshkumar Himmatsinh Gohil
2025 Latest Caselaw 8023 Guj

Gujarat High Court

Sahistabanu Mohammad Sahid Khokhar vs Maheshkumar Himmatsinh Gohil on 17 November, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                              NEUTRAL CITATION




                             C/CA/4789/2025                                    ORDER DATED: 17/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4789 of
                                                   2025

                                              In F/FIRST APPEAL NO. 28614 of 2025

                      ==========================================================
                                  SAHISTABANU MOHAMMAD SAHID KHOKHAR & ORS.
                                                   Versus
                                     MAHESHKUMAR HIMMATSINH GOHIL & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5
                      MR. ALKESH N SHAH(3749) for the Respondent(s) No. 3
                      RULE SERVED for the Respondent(s) No. 1,2
                      ==========================================================

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

                                                        Date : 17/11/2025

                                               ORAL ORDER

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

1. By this application, the applicant has prayed for condoning the delay of 121 days caused in preferring the captioned First Appeal.

2. Mr. Nishit A. Bhalodi, learned advocate for the applicants has made submissions along the lines of the averments made in the application. It is urged that after the judgment was pronounced, steps were taken for filing the appeal. The learned advocate was approached and the applicants were informed about the nuances of the Court fees, the expenses involved, etc. It is thereafter, the learned advocate was requested to take steps and some time was consumed in gathering instructions, preparing draft and filing the appeal. In the process, there occured a delay of 121 days.

NEUTRAL CITATION

C/CA/4789/2025 ORDER DATED: 17/11/2025

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It is submitted that the applicants are ready and willing to waive the interest for the entire delayed period on the enhanced amount.

3. Mr. Alkesh N. Shah, learned advocate for the respondent states that he has no objection if the delay is condoned; however, let the applicant adhere to the statement made in the application and more particularly, Paragraph 6.

4. Having regard to the averments made, so also the oral submission, this Court, deems it appropriate to condone the delay having been sufficiently explained. The delay of 121 days caused in preparing the captioned appeal.

5. Civil application succeeds and is accordingly allowed. Needless to clarify that the applicant shall adhere to the statement made in Paragraph 6 of the application. Rule is made absolute. No order as to costs.

6. Mr. Alkesh N. Shah, learned advocate for the respondent states that he has received instructions to appear in the main appeal as well. Registry is directed to show the appearance of Mr. Alkesh Shah, learned advocate in the First Appeal as and when it is registered.

(SANGEETA K. VISHEN,J)

(NISHA M. THAKORE,J) SYED SHAHANAZ