Fidkiben Bherabhai (Gorana) Dhoran vs Sabbirbhai Rajakbhai Mehtar
2025 Latest Caselaw 6629 Guj

Gujarat High Court

Fidkiben Bherabhai (Gorana) Dhoran vs Sabbirbhai Rajakbhai Mehtar on 15 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/1630/2025                                       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. 1630 of
                                                    2025

                                               In F/FIRST APPEAL NO. 4426 of 2025

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                                     FIDKIBEN BHERABHAI (GORANA) DHORAN & ORS.
                                                        Versus
                                         SABBIRBHAI RAJAKBHAI MEHTAR & ANR.
                      ==========================================================
                      Appearance:
                      MR. JARJEESKHAN(7235) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
                      MR PALAK H THAKKAR(3455) for the Respondent(s) No. 2
                      RULE 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 444 days in preferring the appeal against the impugned judgment and award dated 10.08.2023 passed in MACP No.358/2019.

2. Heard learned counsel for the parties.

3. Learned counsel for the applicants, submitted that it has been awarded in the application that after getting the disbursement of the awarded amount as per direction of the learned Tribunal, the applicants sought the legal advice from the lawyer and well-wishers. They were advised that they will get the more amount if the appeal is preferred. Therefore, they contacted their lawyer, who in turns, advise them to

NEUTRAL CITATION

C/CA/1630/2025 ORDER DATED: 15/09/2025

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prefer the present appeal. It has been further averred that the appeal could not be preferred owing to the reasons that they were not having the sufficient money. It has been further averred that the delay is neither intentional nor malafide, but owing to the reasons stated in more particularly, Paragraph no.4 of the application.

4. On the other hand, Mr. Vibhuti Nanawati, learned advocate appearing on behalf of the Insurance Company, submitted that considering the facts and circumstances, the appropriate order may be passed.

5. Considering the content of the application, it is apparent that the applicants are the literate/semi-literate and they are not aware about the nuances of laws. Only after getting the partial disbursement of the amount, they approached the lawyer for seeking the legal advice, who in turn, advised them to prefer the appeal. Considering the facts and circumstances and the ratio of the judgment rendered in the case of Collector Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, reported in AIR (1987) SC 1353, the present appeal deserves to be allowed and accordingly the delay is condoned. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT