Harshadbhai Hiralal Panchal vs Patel Hareshbhai Bhanjibhai
2025 Latest Caselaw 6848 Guj

Gujarat High Court

Harshadbhai Hiralal Panchal vs Patel Hareshbhai Bhanjibhai on 22 September, 2025

                                                                                                              NEUTRAL CITATION




                               C/CA/1819/2025                                 ORDER DATED: 22/09/2025

                                                                                                              undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1819 of
                                                     2025

                                                 In F/FIRST APPEAL NO. 8801 of 2025

                       ==========================================================
                                            HARSHADBHAI HIRALAL PANCHAL & ANR.
                                                          Versus
                                            PATEL HARESHBHAI BHANJIBHAI & ANR.
                       ==========================================================
                       Appearance:
                       PAULOMEE M MEHTA(8313) for the Applicant(s) No. 1,2
                       MS KIRTI S PATHAK(9966) for the Respondent(s) No. 2
                       RULE SERVED for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                          Date : 22/09/2025

                                                           ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 58 days caused in preferring the appeal against the impugned judgment and award dated 30.09.2024 passed in M.A.C.P. No. 350 of 2019.

2. Heard learned advocates for the parties.

3. Mr. Jainam Shah, learned advocate for the applicants, submitted that owing to the poverty of the applicants, they could not prefer the appeal within the period of limitation and a reasonable amount of time was consumed in arranging the requisite court fees and other expenses for preferring the appeal. Therefore, a delay of 58 days has occurred in filing the appeal. He further submitted that the delay is neither

NEUTRAL CITATION

C/CA/1819/2025 ORDER DATED: 22/09/2025

undefined

intentional nor mala fide but has occurred owing to the poverty of the applicants.

4. On the other hand, Ms. Kirti S Pathak, learned advocate appearing on behalf of the Insurance Company, submitted that considering the facts of the case, an appropriate order may be passed.

5. Having considered the submissions of the learned advocates for the parties and having regard to the poverty of the applicants, 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 58 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