Dilpeshbhai Devabhai Dhila vs Lakhabhai Vishalbhai Rabari
2025 Latest Caselaw 6627 Guj

Gujarat High Court

Dilpeshbhai Devabhai Dhila vs Lakhabhai Vishalbhai Rabari on 15 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/1006/2025                                       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. 1006 of
                                                    2025

                                                In F/FIRST APPEAL NO. 1114 of 2025

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                                                  DILPESHBHAI DEVABHAI DHILA
                                                             Versus
                                               LAKHABHAI VISHALBHAI RABARI & ANR.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      MS KIRTI S PATHAK(9966) for the Respondent(s) No. 2
                      SERVED BY AFFIX(N) 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 74 days in preferring the appeal against the impugned judgment and award dated 26.07.2024 passed in MACP No.250/2022.

2. Heard learned counsel for the applicants.

3. It is submitted that the applicants are the poor persons and they could not arrange the court fee and bear other costs for preferring the appeal due to their poor financial condition. He further submitted that they could arrange the court fee only after getting the disbursement of the amount from the learned Tribunal. He further submitted that in the said process, the delay of 74 days is occasioned in preferring the

NEUTRAL CITATION

C/CA/1006/2025 ORDER DATED: 15/09/2025

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appeal. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reason stated in Paragraph nos.3, 4, 5 and 6 of the application.

4. Having considered the grounds stated in the application and the submissions made by the learned counsel for the applicants and having regard to the law laid down by the honorable Apex court in the case of Collector Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, reported in AIR (1987) SC 1353, I am of the considered view that the delay has been sufficiently explained and the same is deserved to be condoned and accordingly, the delay is condoned. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT