Vikas Shahu S/O Bhagvan Prasad vs Arvind Samatbhai Kangad
2025 Latest Caselaw 6624 Guj

Gujarat High Court

Vikas Shahu S/O Bhagvan Prasad vs Arvind Samatbhai Kangad on 15 September, 2025

                                                                                                             NEUTRAL CITATION




                              C/CA/3139/2025                                  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. 3139 of
                                                    2025

                                               In F/FIRST APPEAL NO. 7234 of 2025

                      ==========================================================
                                        VIKAS SHAHU S/O BHAGVAN PRASAD & ANR.
                                                         Versus
                                            ARVIND SAMATBHAI KANGAD & ANR.
                      ==========================================================
                      Appearance:
                      MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2
                      MASUMI V NANAVATY(9321) for the Respondent(s) No. 2
                      MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
                      NOTICE SERVED for the Respondent(s) No. 1
                      ==========================================================

                         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 92 days caused in preferring the appeal against the impugned judgment and award dated 02.08.2024 passed in M.A.C.P.No.596 of 2022.

2. Heard learned advocates for the parties.

3. Mr. Hemal Shah, 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 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 92 days has occurred in filing the

NEUTRAL CITATION

C/CA/3139/2025 ORDER DATED: 15/09/2025

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appeal.

4. On the other hand, learned advocate Mr.Vibhuti Nanavati, learned advocate for the respondent no.2, submitted that considering the facts of the case, an appropriate order may be passed.

5. Having considered the submissions of the learned advocates for the parties and having regard to the poverty of the applicants, who could not arrange the necessary funds for preferring an appeal within the period of limitation, 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 92 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