Vipulkumar Parshottambhai Chauhan vs Ramanlal Narsinhbhai Chauhan
2025 Latest Caselaw 6750 Guj

Gujarat High Court

Vipulkumar Parshottambhai Chauhan vs Ramanlal Narsinhbhai Chauhan on 18 September, 2025

                                                                                                                NEUTRAL CITATION




                              C/CA/1528/2025                                    ORDER DATED: 18/09/2025

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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1528
                                               of 2025

                                               In F/FIRST APPEAL NO. 303 of 2025

                      ==========================================================
                                       VIPULKUMAR PARSHOTTAMBHAI CHAUHAN
                                                      Versus
                                       RAMANLAL NARSINHBHAI CHAUHAN & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      HCLS COMMITTEE(4998) for the Respondent(s) No. 3
                      MR TANMAY B KARIA(6833) for the Respondent(s) No. 4
                      MR TEJAS D SHUKLA(5312) for the Respondent(s) No. 3
                      RULE SERVED for the Respondent(s) No. 1,2
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                         Date : 18/09/2025

                                                                ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 40 days caused in preferring the appeal

against the impugned judgment and award dated 22.08.2024

passed in M.A.C.P. No.131 of 2017.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant, submitted that owing

to the poverty of the applicant , 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

NEUTRAL CITATION

C/CA/1528/2025 ORDER DATED: 18/09/2025

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expenses for preferring the appeal. Therefore, a delay of 40 days

has occurred in filing the appeal.

4. On the other hand, learned advocate for the respondent

no.4 Mr Tanmay B Karia 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 40 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) CDP