Mehemudabibi Abdulhak Chhital vs Sejad Sirajmiya Shaikh
2025 Latest Caselaw 6846 Guj

Gujarat High Court

Mehemudabibi Abdulhak Chhital vs Sejad Sirajmiya Shaikh on 22 September, 2025

                                                                                                              NEUTRAL CITATION




                             C/CA/4844/2025                                    ORDER DATED: 22/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4844 of
                                                    2025

                                              In F/FIRST APPEAL NO. 28428 of 2025

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                                        MEHEMUDABIBI ABDULHAK CHHITAL & ORS.
                                                        Versus
                                            SEJAD SIRAJMIYA SHAIKH & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                           Date : 22/09/2025

                                                               ORAL ORDER

1. Heard learned counsel for the applicant.

2. Learned counsel for the applicant, submitted that the delay of 545 days has occasioned in preferring the present appeal owing to the reasons that the applicants are the poor person and they could not arrange the finance to pay the requisite Court fee and other expenses. He further submitted that the applicants shall not claim any interest for the delayed period, if the appeal for enhancement is allowed. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reasons stated in para no.3 of the application.

3. Having considered the submission of the learned counsel for the applicant and the reason of poverty of applicants stated in para no.3 of the application, I am of the considered view that the delay has been

NEUTRAL CITATION

C/CA/4844/2025 ORDER DATED: 22/09/2025

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sufficiently explained. Thus, considering the ratio of the judgment of the Hon'ble Apex Court rendered in the case of Collector Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, reported in AIR (1987) SC 1353, the present application deserves to be allowed subject to the condition that the applicants shall not be entitled for the interest of the delayed period, on the enhanced amount of compensation, if the appeal for enhancement is allowed. Thus, in view of the above, the delay is condoned. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT