Vithalbhai Haribhai Bharwad vs Vipulbhai Fulahbhai Darbar
2025 Latest Caselaw 6798 Guj

Gujarat High Court

Vithalbhai Haribhai Bharwad vs Vipulbhai Fulahbhai Darbar on 19 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/3509/2025                                   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. 3509
                                               of 2025

                                          In F/FIRST APPEAL NO. 8114 of 2025

                      ==========================================================
                                            VITHALBHAI HARIBHAI BHARWAD
                                                        Versus
                                         VIPULBHAI FULAHBHAI DARBAR & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(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 115 days caused in preferring the appeal against the impugned judgment and award.

2. Heard learned advocate for the applicant.

3. 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 and a considerable time has been consumed in arranging the requisite court fees and other expenses for preferring the appeal. Therefore, a delay of 115 days has occurred in filing the appeal.

4. Having considered the submissions of the learned advocate for the applicant and having regard to the poverty of the

NEUTRAL CITATION

C/CA/3509/2025 ORDER DATED: 19/09/2025

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applicant, who could not arrange the necessary funds for preferring an appeal within the period of limitation, 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 115 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