Kishorbhai Dhirajlal Sedani vs Hiteshbhai Vitthalbhai Mavariya
2025 Latest Caselaw 6628 Guj

Gujarat High Court

Kishorbhai Dhirajlal Sedani vs Hiteshbhai Vitthalbhai Mavariya on 15 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/1007/2025                                       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. 1007 of
                                                    2025

                                               In F/FIRST APPEAL NO. 4374 of 2025

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                                          KISHORBHAI DHIRAJLAL SEDANI & ANR.
                                                        Versus
                                        HITESHBHAI VITTHALBHAI MAVARIYA & ANR.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2
                      MR TANMAY B KARIA(6833) 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 filed for seeking condonation of delay of 108 days in preferring the appeal against the impugned judgment and award dated 23.07.2024 passed in MACP No.1315/2015.

2. Heard learned counsel for the parties.

3. Learned counsel for the applicants, submitted that the applicants had approached the learned advocate for seeking the legal advice as to whether the appeal is to be filed in the present case. The dealing advocate advised them to file the appeal but the applicants were not having the sufficient means to pay the Court fee and incur the other expenses. He further submitted that the delay of 108 days is occasioned in arranging the finance for preferring the appeal. He further

NEUTRAL CITATION

C/CA/1007/2025 ORDER DATED: 15/09/2025

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submitted that the delay is neither malfide nor intentional therefore, the same may be condoned.

4. On the other hand, learned advocate appearing on behalf of Mr. Tanmay B. Karia, learned advocate for the respondent, submitted that appropriate order may be passed.

5. Considering the submissions and the reasons for delay as stated in Paragraph Nos.3 and 4 of the application, and having regard to the ratio of the judgment rendered by the Apex Court in the case of Collector Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, reported in AIR (1987) SC 1353, the present application deserves to be allowed and accordingly, the delay is condoned. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT