Jivanbibi Usmanmiya Shaikh vs Atulkumar Jethabhai Patel
2025 Latest Caselaw 6623 Guj

Gujarat High Court

Jivanbibi Usmanmiya Shaikh vs Atulkumar Jethabhai Patel on 15 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/3392/2025                                     ORDER DATED: 15/09/2025

                                                                                                                   undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3392 of
                                                    2025

                                               In F/FIRST APPEAL NO. 18775 of 2025

                      ==========================================================
                                               JIVANBIBI USMANMIYA SHAIKH & ORS.
                                                             Versus
                                               ATULKUMAR JETHABHAI PATEL & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3
                      MASUMI V NANAVATY(9321) for the Respondent(s) No. 4
                      MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 4
                      NOTICE NOT RECD BACK for the Respondent(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 3
                      NOTICE UNSERVED for the Respondent(s) No. 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 153 days caused in preferring the appeal against the impugned judgment and award dated 03.10.2024 passed in M.A.C.P.No.127 of 2021.

2. It is stated in the application that the certified copies of the impugned judgment and award were applied for on 09.10.2024 and were received by the applicants on 16.10.2024. It is further stated that owing to the poverty of the applicants, they could not arrange the requisite funds for court fees and other expenses for preferring the appeal and

NEUTRAL CITATION

C/CA/3392/2025 ORDER DATED: 15/09/2025

undefined

they were able to arrange the same only after the disbursement was made by the learned Tribunal in accordance with the directions issued in the impugned judgment and award. Thereafter, they approached their advocate for preferring the appeal. In arranging the necessary funds, a delay of 142 days has occurred in filing the appeal. It has been further averred that the delay is neither intentional nor mala fide, but has occasioned due to the reasons stated in Paragraph Nos.1 to 7 of the application.

3. Mr.Vibhuti Nanavati, learned advocate for the respondent no.4, submitted that considering the facts and circumstances of the case, an appropriate order may be passed.

4. Having considered the submissions of the learned advocates for the parties and having regard to the ground of poverty and in view of the law laid down by the Hon'ble Supreme Court in the case of Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR 1987 SC 1353], the delay of 153 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