Subhashbhai Bhikhabhai Tadvi vs Prabhivbhai Maheshbhai Tadvi
2025 Latest Caselaw 6790 Guj

Gujarat High Court

Subhashbhai Bhikhabhai Tadvi vs Prabhivbhai Maheshbhai Tadvi on 19 September, 2025

                                                                                                             NEUTRAL CITATION




                              C/CA/3269/2025                                  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. 3269 of
                                                    2025

                                               In F/FIRST APPEAL NO. 7674 of 2025

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                                           SUBHASHBHAI BHIKHABHAI TADVI & ORS.
                                                         Versus
                                           PRABHIVBHAI MAHESHBHAI TADVI & 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
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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 538 days caused in preferring the appeal against the impugned judgment and award dated 13.06.2023 passed in M.A.C.P.No.62 of 2021.

2. Learned advocate for the applicant submitted that owing to the poverty of the applicant, he could not prefer the appeal within the period of limitation. He further submitted the delay is neither intentional nor malafide. He also submitted that a reasonable amount of time was consumed in arranging the requisite court fees and other expenses for preferring the appeal. Therefore, a delay of 538 days has occurred in filing the appeal.

NEUTRAL CITATION

C/CA/3269/2025 ORDER DATED: 19/09/2025

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3. Learned advocate for the applicant further submitted that, if the delay is condoned, the applicant shall not claim any interest for the period of delay, in the eventuality, if the appeal for enhancement is allowed.

4. The Notices of the application have been duly served upon the respondents, but respondent nos.1 & 2 have chosen not to appear.

5. Having considered the submissions advanced by the learned advocate for the applicant and the grounds urged for explaining the delay, in my considered opinion, sufficient to condone the delay, subject to the condition that the applicant shall not be entitled to claim any interest for the period of delay on the enhanced compensation, if the appeal is allowed. Accordingly, the present Civil Application stands allowed. There shall be no order as to costs.

(MOOL CHAND TYAGI, J) GIRISH