Ganpatbhai Sankarbhai Parmar vs Rajendra Ambalal Brahmnbhatt
2025 Latest Caselaw 6761 Guj

Gujarat High Court

Ganpatbhai Sankarbhai Parmar vs Rajendra Ambalal Brahmnbhatt on 18 September, 2025

                                                                                                                        NEUTRAL CITATION




                             C/CA/4154/2025                                            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. 4154
                                               of 2025

                                          In F/FIRST APPEAL NO. 22613 of 2025

                      ==========================================================
                                       GANPATBHAI SANKARBHAI PARMAR & ANR.
                                                      Versus
                                      RAJENDRA AMBALAL BRAHMNBHATT & ANR.
                      ==========================================================
                      Appearance:
                      K R PATEL(7601) for the Applicant(s) No. 1,2
                      MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1,2
                      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 181 days caused in preferring the appeal

against the impugned judgment and award dated 30.09.2024

passed in M.A.C.P. No.768 of 2023.

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicants submitted that

applicants were not aware of the outcome of the claim petition,

as the concerned advocate has not intimated them about the

outcome of the claim petition. She further submitted that when

they gathered the information about the outcome of the claim

NEUTRAL CITATION

C/CA/4154/2025 ORDER DATED: 18/09/2025

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petition, they contacted the advocate who advised them to prefer

an appeal. Thereafter a considerable time was consumed to

arrange the finance and contacting the advocate for preferring

the appeal. Therefore, a delay of 181 days has occurred in filing

the appeal.

4. The respondents have been duly served but they have

chosen not no appear before the Court.

5. Having considered the submissions of the learned advocate

for the applicant and having regard to the averments made in

the application, 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 181 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