Bhavnaben W/O Dineshbhai Kailashbhai ... vs Ajaykumar Bijenkumar Dube
2025 Latest Caselaw 6615 Guj

Gujarat High Court

Bhavnaben W/O Dineshbhai Kailashbhai ... vs Ajaykumar Bijenkumar Dube on 15 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/2844/2025                                   ORDER DATED: 15/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2844
                                               of 2025

                                          In F/FIRST APPEAL NO. 8833 of 2025

                      ==========================================================
                        BHAVNABEN W/O DINESHBHAI KAILASHBHAI PAMBHAR & ANR.
                                              Versus
                                AJAYKUMAR BIJENKUMAR DUBE & ORS.
                      ==========================================================
                      Appearance:
                      MS DISHA N NANAVATY(2957) for the Applicant(s) No. 1,2
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 15/09/2025

                                                            ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 29 days caused in preferring the appeal

against the impugned judgment and award dated 25.10.2014

passed in M.A.C.P. No.145 of 2015.

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicant, submitted that owing

to the delay in communicating the order to the litigant and

seeking advice from the advocate, they could not prefer the

appeal within the period of limitation and a reasonable amount

of time was consumed in arranging the requisite court fees and

other expenses for preferring the appeal. Therefore, a delay of 29

NEUTRAL CITATION

C/CA/2844/2025 ORDER DATED: 15/09/2025

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days has occurred in filing the appeal.

4. Having considered the submissions of the learned advocate

for the applicant and having regard to the afore-stated factual

aspects, in my considered opinion, constitutes a sufficient

ground for condoning the delay. Thus, having regard to the facts

and circumstances of the present case and in view of the law laid

down by the Hon'ble Supreme Court of India in the case of

Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji

& Ors. [AIR 1987 SC 1353], the delay of 29 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) CDP