Darsh Mahendrabhai Purohit vs Bimal Vasantbhai Patel
2025 Latest Caselaw 6757 Guj

Gujarat High Court

Darsh Mahendrabhai Purohit vs Bimal Vasantbhai Patel on 18 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/4116/2025                                   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. 4116
                                               of 2025

                                          In F/FIRST APPEAL NO. 23889 of 2025

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                                              DARSH MAHENDRABHAI PUROHIT
                                                         Versus
                                              BIMAL VASANTBHAI PATEL & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 2,3
                      UNSERVED EXPIRED (N) for the Respondent(s) No. 1
                      ==========================================================

                        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 51 days caused in preferring the appeal against the impugned judgment and award dated 31.01.2025 passed in M.A.C.P. No.719 of 2016.

2. Heard learned advocate for the applicant.

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 considerable time was consumed in arranging the requisite court fees and other expenses for preferring the appeal. Therefore, a delay of 51 days has occurred in filing the appeal.

NEUTRAL CITATION

C/CA/4116/2025 ORDER DATED: 18/09/2025

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4. Respondents have been duly served but they have chosen not to appear before the Court.

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 51 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