Mamtakumari Amrendrakumarsingh ... vs Rajeshbhai Kishanbhai Gohel
2025 Latest Caselaw 6791 Guj

Gujarat High Court

Mamtakumari Amrendrakumarsingh ... vs Rajeshbhai Kishanbhai Gohel on 19 September, 2025

                                                                                                             NEUTRAL CITATION




                              C/CA/3274/2025                                  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. 3274 of
                                                    2025

                                               In F/FIRST APPEAL NO. 18047 of 2025

                       ==========================================================
                                     MAMTAKUMARI AMRENDRAKUMARSINGH RAJPUT
                                                       Versus
                                        RAJESHBHAI KISHANBHAI GOHEL & ANR.
                       ==========================================================
                       Appearance:
                       MR. HEMAL SHAH(6960) for the Applicant(s) No. 1
                       ORTIS LAW OFFICES(12342) for the Applicant(s) No. 1
                       MR. RAHUL R DHOLAKIA(6765) for the Respondent(s) No. 2
                       NOTICE SERVED for the Respondent(s) No. 1
                       ==========================================================

                         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 156 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 in the application that the certified copies of the impugned judgment and award were applied for on 18.09.2024 and were received by the applicant on 01.10.2024. It is further stated that owing to the poverty of the applicant, she could not arrange the requisite funds for court fees and other expenses for preferring the appeal and she was able to arrange the same only after the disbursement was made by the learned Tribunal in accordance with the directions issued

NEUTRAL CITATION

C/CA/3274/2025 ORDER DATED: 19/09/2025

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in the impugned judgment and award. Thereafter, she approached her advocate for preferring the appeal. In arranging the necessary funds, a delay of 156 days has occurred in filing the appeal. It has been further averred that the delay is neither intentional nor mala fide, but has occasioned due to the reasons stated in Paragraph No.6 of the application.

3. Having considered the submissions of the learned advocate for the applicant 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 156 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