Danabhai Rajabhai Chanpa vs Sunil Muljibhai Zala
2025 Latest Caselaw 6887 Guj

Gujarat High Court

Danabhai Rajabhai Chanpa vs Sunil Muljibhai Zala on 23 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/4876/2025                                   ORDER DATED: 23/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4876
                                               of 2025

                                         In F/FIRST APPEAL NO. 28436 of 2025

                      ==========================================================
                                               DANABHAI RAJABHAI CHANPA
                                                         Versus
                                               SUNIL MULJIBHAI ZALA & ANR.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 23/09/2025

                                                           ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 47 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, they could not prefer the appeal within the period of limitation and a considerable time was consumed in arranging the requisite court fees and other expenses for preferring the appeal. Therefore, a delay of 47 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/4876/2025 ORDER DATED: 23/09/2025

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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, the delay of 47 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. No order as to costs.

(MOOL CHAND TYAGI, J) CDP