Pritikaben Himmatbhai Palas vs Hirasing Rameshbhai Bhabhor
2025 Latest Caselaw 6797 Guj

Gujarat High Court

Pritikaben Himmatbhai Palas vs Hirasing Rameshbhai Bhabhor on 19 September, 2025

                                                                                                             NEUTRAL CITATION




                              C/CA/3213/2025                                  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. 3213 of
                                                    2025

                                               In F/FIRST APPEAL NO. 17816 of 2025

                       ==========================================================
                                               PRITIKABEN HIMMATBHAI PALAS
                                                          Versus
                                           HIRASING RAMESHBHAI BHABHOR & ORS.
                       ==========================================================
                       Appearance:
                       NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                       NOTICE SERVED for the Respondent(s) No. 1,2,3
                       ==========================================================

                         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 491 days caused in preferring the appeal against the impugned judgment and award dated 27.09.2023 passed in M.A.C.P.No.504 of 2011.

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 mala fide. 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 491 days has occurred in filing the appeal.

NEUTRAL CITATION

C/CA/3213/2025 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 on the enhanced compensation for the period of delay, if the appeal for enhancement is allowed.

4. The Notices of the application have been duly served upon the respondents, but they 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 on the enhanced compensation for the period of delay, 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