Manjibhai Ambabhai Sagathiya vs Ravirajbhai Jinabhai Chavda
2025 Latest Caselaw 6787 Guj

Gujarat High Court

Manjibhai Ambabhai Sagathiya vs Ravirajbhai Jinabhai Chavda on 19 September, 2025

                                                                                                                    NEUTRAL CITATION




                              C/CA/2641/2025                                       ORDER DATED: 19/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2641 of
                                                    2025

                                                In F/FIRST APPEAL NO. 14150 of 2025

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                                                 MANJIBHAI AMBABHAI SAGATHIYA
                                                              Versus
                                               RAVIRAJBHAI JINABHAI CHAVDA & ANR.
                       ==========================================================
                       Appearance:
                       NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                       MS KIRTI S PATHAK(9966) for the Respondent(s) No. 2
                       NOTICE SERVED for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                            Date : 19/09/2025

                                                             ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 96 days caused in preferring the appeal against the impugned judgment and award dated 30.08.2024 passed in M.A.C.P.No.1138 of 2015.

2. It is stated that owing to the poverty of the applicant, he could not arrange the requisite funds for court fees and other expenses for preferring the appeal and he was able to arrange the same only after the disbursement of some portion of the awarded amount made in his favour. Thereafter, he approached his advocate for preferring the appeal. In arranging the necessary funds, a delay of 96 days has occurred in filing the appeal. It has been further averred that

NEUTRAL CITATION

C/CA/2641/2025 ORDER DATED: 19/09/2025

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the delay is neither intentional nor mala fide, but has occasioned due to the reasons stated in Paragraph Nos.2 to 4 of the application.

3. On the other hand, Ms.Kirit Pathak, learned advocate for the Insurance Company has submitted that considering the facts and circumstances of the present case, an appropriate order may be passed.

4. Having considered the submissions of the learned advocates for the parties and having regard to the ground of poverty and in view of the law laid down by the Hon'ble Supreme Court in the case of Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR 1987 SC 1353], the delay of 96 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) GIRISH