Abdulhakk Mohamadhusen Jiva vs Imran Yusuf Matadar
2025 Latest Caselaw 6682 Guj

Gujarat High Court

Abdulhakk Mohamadhusen Jiva vs Imran Yusuf Matadar on 16 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/4778/2025                                       ORDER DATED: 16/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4778 of
                                                      2025

                                               In F/FIRST APPEAL NO. 28427 of 2025

                      ==========================================================
                                               ABDULHAKK MOHAMADHUSEN JIVA
                                                          Versus
                                                IMRAN YUSUF MATADAR & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      ==========================================================

                           CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                               Date : 16/09/2025

                                                                ORAL ORDER

1. Heard learned counsel for the applicant.

2. Learned counsel for the applicant, submitted that the delay of 501 days has occasioned in preferring the appeal against the judgment and award dated 20.01.2024 passed in MACP No.81/2021. He further submitted that the applicant could not prefer the appeal within the period of limitation due to the poverty, as the applicant could not arrange the fund for paying the Court fee and other expenses. He further submitted that, in case, if the present appeal for enhancement is allowed, the claimant shall not claim any interest for the delayed period.

3. Having considered the submission of the learned counsel for the applicant, I am of the considered view that the delay has been sufficiently explained and the present application for condonation of delay is allowed, subject to the condition that the claimant shall not be

NEUTRAL CITATION

C/CA/4778/2025 ORDER DATED: 16/09/2025

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entitled for any interest on the enhanced amount, in case, if the appeal is allowed. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT