Avniben Kumarpal Patel vs Kumarpal Jagdishchandra Patel
2025 Latest Caselaw 7605 Guj

Gujarat High Court

Avniben Kumarpal Patel vs Kumarpal Jagdishchandra Patel on 16 October, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                       NEUTRAL CITATION




                             C/CA/5243/2025                                           ORDER DATED: 16/10/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5243 of
                                                      2025
                                       In F/FIRST APPEAL NO. 30436 of 2025
                      ==========================================================
                                                 AVNIBEN KUMARPAL PATEL
                                                          Versus
                                              KUMARPAL JAGDISHCHANDRA PATEL
                      ==========================================================
                      Appearance:
                      MR PRITHVIRAJSINGH R. JADEJA FOR MR HARSHADRAY A DAVE(3461)
                      for the Applicant(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                               and
                               HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                               Date : 16/10/2025
                                                 ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicant has prayed for condoning the delay of 38 days caused in preferring the captioned first appeal.

2. Mr Prithvirajsingh R. Jadeja, learned advocate for Mr Harshadray A. Dave, learned advocate for the applicant has made submissions along the lines of the averments made in the application. It is submitted that the applicant, was not properly informed by the advocate and hence, virtually, the proceedings have been initiated ex-parte. It is urged that since the applicant was not aware about the outcome of the judgment, steps could not be taken in time. In the process, there occurred a delay of 38 days. Request is made that the delay being bona fide, may be condoned.

3. Having regard to the averments made so also the oral submissions, this Court, is of the opinion that the delay has been sufficiently explained. The applicant appears to have taken steps by approaching the learned advocate representing her. Upon receipt of the certified copy, the applicant again approached the learned

NEUTRAL CITATION

C/CA/5243/2025 ORDER DATED: 16/10/2025

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advocate, thereafter, the pleadings were drafted. Draft of the appeal was prepared, finalized and filed. Considering the quantum as well as the explanation, this Court, is of the opinion that the delay of 38 days caused in filing the captioned appeal deserves to be condoned at the threshold and is hereby condoned.

4. Civil application succeeds and is accordingly allowed. No order as to costs.

(SANGEETA K. VISHEN,J)

(NISHA M. THAKORE,J) RAVI P. PATEL