Ratilal Hothabhai Parmar vs Shaileshkumar Babulal Brahmbhatt
2025 Latest Caselaw 7171 Guj

Gujarat High Court

Ratilal Hothabhai Parmar vs Shaileshkumar Babulal Brahmbhatt on 3 October, 2025

                                                                                                                NEUTRAL CITATION




                              C/CA/1574/2025                                    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. 1574
                                               of 2025

                                          In F/FIRST APPEAL NO. 36200 of 2024

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                                           RATILAL HOTHABHAI PARMAR
                                                     Versus
                                   SHAILESHKUMAR BABULAL BRAHMBHATT & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      MS KIRTI S PATHAK(9966) for the Respondent(s) No. 4
                      MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2
                      RULE SERVED for the Respondent(s) No. 1
                      RULE UNSERVED for the Respondent(s) No. 3
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                         Date : 03/10/2025

                                                                ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 134 days caused in preferring the appeal

against the impugned judgment and award.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant submitted that the

delay of 134 days has occasioned in preferring the appeal owing

to the poverty of the applicant as he could not arrange the

finance to pay the court fees and other expenses involved in

preferring the appeal. He further submitted that the delay is

neither intentional nor malafide but has occasioned owing to the

NEUTRAL CITATION

C/CA/1574/2025 ORDER DATED: 03/10/2025

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reasons as stated in the application.

4. On the other hand, learned advocate Ms Kirti S. Pathak

appearing on behalf of the respondent no.4 submitted that

considering the facts and circumstances of the present case,

appropriate order may be passed.

5. Having considered the submissions of the learned advocate

for the applicant and having regard to the ground for delay

pressed into service, I am of the considered view that the delay

has been sufficiently explained and the same deserves to be

condoned. Accordingly, the delay is condoned. No order as to

costs. The present application is disposed of.

6. Registry is directed to reflect the name of learned advocate

Ms Kirti S. Pathak on behalf of respondent no.4 in the First

Appeal.

(MOOL CHAND TYAGI, J) CDP