Kantibhai Jerambhai Patel vs Nareshbhai Dwarkadas Patel
2025 Latest Caselaw 7416 Guj

Gujarat High Court

Kantibhai Jerambhai Patel vs Nareshbhai Dwarkadas Patel on 10 October, 2025

                                                                                                                   NEUTRAL CITATION




                              C/CA/4411/2025                                       ORDER DATED: 10/10/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4411 of
                                                    2025

                                               In F/FIRST APPEAL NO. 13826 of 2025

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                                            KANTIBHAI JERAMBHAI PATEL & ANR.
                                                         Versus
                                           NARESHBHAI DWARKADAS PATEL & ANR.
                      ==========================================================
                      Appearance:
                      MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1,2
                      NOTICE NOT RECD BACK for the Respondent(s) No. 1,2
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                               Date : 10/10/2025

                                                                ORAL ORDER

1. Heard learned counsel for the applicants.

2. Learned counsel for the applicants submitted that a delay of 254 days has occasioned in preferring the appeal against the impugned judgment and award dated 06.05.2024 passed by the learned Tribunal in MACP No.40/2017. She further submitted that the applicants have received the notice of the claim petition but thereafter, the claim petition came to be transferred to the another Court, for which, the applicants have not received any notice. Therefore, the applicants could not appear before the learned Tribunal. She further submitted that the applicants came to know of the passing of the impugned judgment and award only when the execution petition was preferred against the applicants. She further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reasons stated in the

NEUTRAL CITATION

C/CA/4411/2025 ORDER DATED: 10/10/2025

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application.

3. Having considered the submissions of the learned counsel for the applicant and having regard to the grounds for delay pressed into service, in my considered view, constitutes a sufficient cause to condone the delay. Hence, the delay is condoned and the present application stands allowed. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT