Arvindbhai Titabhai Kishori vs Mahendrabhai Natvarsinh Rana
2025 Latest Caselaw 7178 Guj

Gujarat High Court

Arvindbhai Titabhai Kishori vs Mahendrabhai Natvarsinh Rana on 3 October, 2025

                                                                                                              NEUTRAL CITATION




                              C/CA/4249/2025                                  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. 4249 of
                                                    2025

                                               In F/FIRST APPEAL NO. 25286 of 2025

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                                              ARVINDBHAI TITABHAI KISHORI
                                                        Versus
                                          MAHENDRABHAI NATVARSINH RANA & ANR.
                       ==========================================================
                       Appearance:
                       NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                       MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2
                       NOTICE NOT RECD BACK for the Respondent(s) No. 1
                       ==========================================================

                         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 954 days caused in preferring the appeal against the impugned judgment and award dated 23.09.2022 passed in M.A.C.P.No.1403 of 2012.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant submitted that a delay of 954 days has occurred in preferring the appeal, as considerable time was consumed in obtaining legal advice and arranging the necessary funds for payment of Court Fees and other expenses involved in filing the appeal.

NEUTRAL CITATION

C/CA/4249/2025 ORDER DATED: 03/10/2025

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4. Learned advocate for the applicant further submitted the claimant shall not claim any interest on the enhanced amount of compensation for the delayed period, if the appeal for enhancement is allowed.

5. On the other hand, learned advocate for the respondent no.2 submitted that considering the facts of the case, an appropriate order may be passed.

6. Having considered the submissions of the learned advocates for the parties and having regard to the grounds pressed into service for condonation of delay, in my considered view, sufficient to condone the delay and present application deserves to be allowed and is accordingly allowed, subject to the condition that the claimant shall not be entitled for any interest on the enhanced amount for the period of delay, if the appeal for enhancement is allowed. Accordingly, the present Civil Application stands allowed. There shall be no order as to costs.

(MOOL CHAND TYAGI, J) GIRISH