Lakshamanbhai Babarbhai Rathod vs Dashrathbhai Jesangbhai Rathod
2025 Latest Caselaw 7180 Guj

Gujarat High Court

Lakshamanbhai Babarbhai Rathod vs Dashrathbhai Jesangbhai Rathod on 3 October, 2025

                                                                                                              NEUTRAL CITATION




                              C/CA/4042/2025                                  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. 4042 of
                                                    2025

                                               In F/FIRST APPEAL NO. 21966 of 2025

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                                        LAKSHAMANBHAI BABARBHAI RATHOD & ANR.
                                                        Versus
                                        DASHRATHBHAI JESANGBHAI RATHOD & ANR.
                       ==========================================================
                       Appearance:
                       MS. PRIYANSHI JOSHI(15412) for the Applicant(s) No. 1,2
                       MR DHAIRYAWAN D BHATT(11817) for the Respondent(s) No. 2
                       NOTICE SERVED for the Respondent(s) No. 1
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                         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 170 days caused in preferring the appeal against the impugned judgment and award dated 03.10.2024 passed in M.A.C.P.No.642 of 2013.

2. Learned advocate for the applicant submitted that a delay of 170 days has occurred in preferring the appeal, as considerable time was consumed in obtaining the Caste Certificate for the purpose of seeking exemption from payment of Court fees. He further submitted that applicant No.1 is suffering from paralysis, and therefore, the said delay of 170 days in filing the appeal has occasioned due to the aforesaid reasons.

NEUTRAL CITATION

C/CA/4042/2025 ORDER DATED: 03/10/2025

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

4. Having considered the submissions advanced by the learned advocates for the parties and the grounds urged for explaining the delay, in my considered opinion, sufficient to condone the delay. Accordingly, the present Civil Application stands allowed. There shall be no order as to costs.

5. Registry is directed to reflect the name of learned advocate Mr.Dhairyawan Bhatt in the First Appeal appearing on behalf of Respondent No.2.

(MOOL CHAND TYAGI, J) GIRISH