Bhudar @ Bhuddarbhai Parmalbhai Pathan vs Umar Mithu Koli
2025 Latest Caselaw 6751 Guj

Gujarat High Court

Bhudar @ Bhuddarbhai Parmalbhai Pathan vs Umar Mithu Koli on 18 September, 2025

                                                                                                                NEUTRAL CITATION




                              C/CA/2969/2025                                    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. 2969
                                               of 2025

                                           In F/FIRST APPEAL NO. 9897 of 2025

                      ==========================================================
                                   BHUDAR @ BHUDDARBHAI PARMALBHAI PATHAN
                                                    Versus
                                            UMAR MITHU KOLI & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      MR.KRUTIK A PARIKH(7268) for the Respondent(s) No. 3
                      NOTICE SERVED for the Respondent(s) No. 1,2,4,5,6
                      ==========================================================

                         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 174 days caused in preferring the appeal

against the impugned judgment and award dated 03.08.2024

passed in M.A.C.P. No.569 of 2021.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant, submitted that on

perusal of the record, it transpires that the notice is having been

duly served upon the respondents they have chosen not to

appear before the Court. He further submitted that the claim

petition filed by the claimant as an indigent person. Owing to the

NEUTRAL CITATION

C/CA/2969/2025 ORDER DATED: 18/09/2025

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poverty of the applicants, 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

expenses for preferring the appeal. Therefore, a delay of 174 days

has occurred in filing the appeal.

4. Having considered the submission of the learned advocate

for the applicant 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 174 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