Shabir Bashir Jadiwala vs Najamdin Makhi Jat
2025 Latest Caselaw 6943 Guj

Gujarat High Court

Shabir Bashir Jadiwala vs Najamdin Makhi Jat on 25 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/3634/2025                                       ORDER DATED: 25/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3634 of
                                                    2025

                                               In F/FIRST APPEAL NO. 20890 of 2025

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                                                    SHABIR BASHIR JADIWALA
                                                             Versus
                                                   NAJAMDIN MAKHI JAT & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      MANDEEP SINGH SALUJA(8791) for the Respondent(s) No. 6
                      NOTICE SERVED for the Respondent(s) No. 1,2,3,4,5
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                               Date : 25/09/2025

                                                                ORAL ORDER

1. Heard learned counsel for the parties.

2. Learned counsel for the applicant, submitted that the delay of 70 days has occasioned in preferring the appeal against the judgment and award owing to the reasons that the applicant could not arrange the finance to pay the requisite Court fee and other expenses involved in preferring the appeal. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the poverty of the applicant.

3. On the other hand, Mr. Mandeep Singh Saluja, learned counsel, submitted that considering the facts and circumstances, the appropriate order may be passed.

NEUTRAL CITATION

C/CA/3634/2025 ORDER DATED: 25/09/2025

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4. Having considered the submissions of the learned counsel for the parties and considering the grounds pressed into service, I am of the considered view that the delay has been sufficiently explained and the same is deserved to be condoned and accordingly, the delay is condoned. No order as to costs.

5. Registry is directed to reflect the name of Mr. Mandeep Singh Saluja, learned counsel, in the First Appeal also.

(MOOL CHAND TYAGI, J) HARSHIT