Solanki Metubha Haluji vs Mali Jayantibhai Harjibhai
2025 Latest Caselaw 6618 Guj

Gujarat High Court

Solanki Metubha Haluji vs Mali Jayantibhai Harjibhai on 15 September, 2025

                                                                                                             NEUTRAL CITATION




                              C/CA/3373/2025                                  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. 3373 of
                                                    2025

                                               In F/FIRST APPEAL NO. 18547 of 2025

                      ==========================================================
                                                SOLANKI METUBHA HALUJI & ORS.
                                                            Versus
                                               MALI JAYANTIBHAI HARJIBHAI & ORS.
                      ==========================================================
                      Appearance:
                      MS CHANDNI G KANTHARIYA(12215) for the Applicant(s) No. 1,2,3,4,5,6
                      VIRAL K VASHI(8220) for the Applicant(s) No. 1,2,3,4,5,6
                      NOTICE SERVED for the Respondent(s) No. 1,2,3
                      ==========================================================

                         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 142 days caused in preferring the appeal against the impugned judgment and award dated 16.10.2024 passed in M.A.C.P.No.158 of 2022.

2. The Notices of the application have been duly served upon the respondents, but they have chosen not to appear.

3. Heard learned advocates for the parties.

4. Ms. Chandani Kanthariya, learned advocate for the applicant, submitted that owing to the poverty of the applicants, they could not prefer the appeal within the period of limitation. She further submitted that applicant No.1 had

NEUTRAL CITATION

C/CA/3373/2025 ORDER DATED: 15/09/2025

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lost his son in the accident and the delay is neither intentional nor mala fide. She also submitted that a reasonable amount of time was consumed in arranging the requisite court fees and other expenses for preferring the appeal. Therefore, a delay of 142 days has occurred in filing the appeal.

5. Having considered the submissions of the learned advocates for the parties and having regard to the grounds raised in the present application, more particularly Paragraph No.3 thereof, in my considered opinion, constitutes a sufficient ground for condoning the delay. Hence, the delay of 142 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