Sonalben W/O Dayusinh Alias Dahyasinh ... vs Sumitakumar Bipinchandra Gandhi
2025 Latest Caselaw 6752 Guj

Gujarat High Court

Sonalben W/O Dayusinh Alias Dahyasinh ... vs Sumitakumar Bipinchandra Gandhi on 18 September, 2025

                                                                                                                NEUTRAL CITATION




                              C/CA/2972/2025                                    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. 2972
                                               of 2025

                                          In F/FIRST APPEAL NO. 14130 of 2025

                      ==========================================================
                              SONALBEN W/O DAYUSINH ALIAS DAHYASINH KALUSINH
                                             CHAUHAN & ORS.
                                                  Versus
                                 SUMITAKUMAR BIPINCHANDRA GANDHI & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3
                      MR TANMAY B KARIA(6833) for the Respondent(s) No. 3
                      NOTICE 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 225 days caused in preferring the appeal

against the impugned judgment and award.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant, submitted that owing

to the 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 225 days

has occurred in filing the appeal.

NEUTRAL CITATION

C/CA/2972/2025 ORDER DATED: 18/09/2025

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4. On the other hand, learned advocate Mr. Karia for the

respondent no.3 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 225 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