Vijaybhai Vikrambhai Sadmiya vs Narotambhai Narshibhai Kapdi
2025 Latest Caselaw 7181 Guj

Gujarat High Court

Vijaybhai Vikrambhai Sadmiya vs Narotambhai Narshibhai Kapdi on 3 October, 2025

                                                                                                              NEUTRAL CITATION




                              C/CA/4232/2025                                  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. 4232 of
                                                    2025

                                               In F/FIRST APPEAL NO. 20451 of 2025

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                                              VIJAYBHAI VIKRAMBHAI SADMIYA
                                                           Versus
                                           NAROTAMBHAI NARSHIBHAI KAPDI & ANR.
                       ==========================================================
                       Appearance:
                       MS ANSHUMI MALOO, ADVOCATE WITH
                       MR. HEMAL SHAH(6960) for the Applicant(s) No. 1
                       ORTIS LAW OFFICES(12342) for the Applicant(s) No. 1
                       NOTICE SERVED for the Respondent(s) No. 1,2
                       ==========================================================

                         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 526 days caused in preferring the appeal against the impugned judgment and award dated 19.10.2023 passed in M.A.C.P.No.1473 of 2017.

2. Learned advocate for the applicant submitted that the applicant sustained 100% functional disability in the vehicular accident, and therefore, was unable to arrange funds for payment of Court Fees and other expenses involved in preferring the appeal. She further submitted that apart from this, the learned advocate, who was handling the matter before the learned Tribunal had inadvertently forwarded incorrect papers to the applicant and consequently, the appeal

NEUTRAL CITATION

C/CA/4232/2025 ORDER DATED: 03/10/2025

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could not be filed within the prescribed period of limitation.

3. Though served, the respondents have chosen not to appear before this Court.

4. Having considered the submissions advanced by the learned advocates for parties and having regard to the grounds pressed into service, I am of the considered opinion that the said circumstances constitute a sufficient cause for condoning the delay. Hence, the delay of 526 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. There shall be no order as to costs.

(MOOL CHAND TYAGI, J) GIRISH