Gujarat High Court
Heirs Of Decd. Fatehsing Muljibhai ... vs Heirs And Lrs Of Decd. Gordhanbhai ... on 3 October, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2608/2025 ORDER DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2608 of
2025
In F/FIRST APPEAL NO. 8189 of 2025
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HEIRS OF DECD. FATEHSING MULJIBHAI BHALAVAT & ORS.
Versus
HEIRS AND LRS OF DECD. GORDHANBHAI MOTIBHAI PATEL &
ORS.
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Appearance:
MR SHAIVANG D MEHTA(5623) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,2,2.1,2.2,2.3,2.4,2.5,2.6,3,3.1,3.2,3.3,3.4,3.5
,3.6,3.7,3.8,4,5
M/S.VYAS ASSOCIATES(1559) for the Respondent(s) No. 1.3
MR DA SANKHESARA(5955) for the Respondent(s) No. 14,15,16
MR RUTVIJ S OZA(5594) for the Respondent(s) No. 2,3,4,5
RULE NOT RECD BACK for the Respondent(s) No. 7
RULE SERVED for the Respondent(s) No. 10,11,12,13,17,18,19,20,9
RULE UNSERVED for the Respondent(s) No. 6,8
UNSERVED EXPIRED (R) for the Respondent(s) No. 1.1,1.2,1.4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 03/10/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicants under Section 5
of the Limitation Act for condoning the delay of 141 days in
preferring the Appeal against the order dated 06.06.2024
passed below Exhs.18,7 and 20 in Special Civil Suit
No.133 of 2023 by the learned 9 th Additional Senior Civil
NEUTRAL CITATION
C/CA/2608/2025 ORDER DATED: 03/10/2025
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Judge, Vaodara.
2. It is reported that the rule is served upon respondent
nos.1.3, 2 to5, 14 to 16 and appeared through their
respective advocates. It is also reported that rule is served
upon respondent nos.9 to 13 and 17 to 20 however, none
has appeared on behalf of the respective respondents. It is
also reported that rule is unversed and rule is not received
back to the respondent nos. 6,8 and respondent no.7,
respectively. It is also reported that the rule is unserved
expired upon respondent nos.1.1, 1.2 and 1.4.
3. Learned advocate has drawn attention of this Court to the
contents of para- 3 of the application, wherein it is stated
that the applicants are poor illiterate persons residing in a
remote village and were unaware about the intricacies of
the law and jurisdiction to challenge the impugned order.
Initially, the applicants were advised through their local
advocates to approach the District and Sessions Court,
Vadodara to challenge the order, however, upon advice of
the learned advocate, the applicants, thereafter, came to
know that the order is required to be challenged by way of
First Appeal before this Court. The applicants, therefore,
NEUTRAL CITATION
C/CA/2608/2025 ORDER DATED: 03/10/2025
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immediately engaged the learned advocate to challenge the
same and the applicants had collected complete set of
papers. Thereafter, the present appeal is filed by the
advocate and hence, delay of 141 days has occurred.
4. Therefore, learned advocate has drawn attention of this
Court to the reasons for which delay has occurred.
5. Learned advocate for the respondent no.1.3 formally
opposes the grant of application.
6. Considering the aforesaid, particularly, period of 141 days
of delay, the Court is of the view that considering the facts
involved in the case, delay cannot be treated as inordinate.
7. Considering the submissions and the contents of the para
mentioned hereinabove, the delay is also explained
sufficiently.
8. A reference in this regard may be made to the judgment of
the Supreme Court in case of Sheo Raj Singh (Deceased)
through Legal Representatives and others vs/. Union of
India and Another, reported in, (2023) 10 SCC 531,
wherein the term "Sufficient Cause" was interpreted and
NEUTRAL CITATION
C/CA/2608/2025 ORDER DATED: 03/10/2025
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the approach of Courts while deciding application for
condonation of delay was discussed.
9. In view of the aforesaid, the application is allowed. The
delay of 141 days caused in preferring the Appeal against
the order dated 06.06.2024 passed below Exhs.18,7 and
20 in Special Civil Suit No.133 of 2023 by the learned 9 th
Additional Senior Civil Judge, Vaodara is hereby condoned.
Rule is made absolute to the aforesaid extent. Registry is
directed to list the main Appeal in due course.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
JIGAR J RABARI
