Laxmiben Jayeshbhai Rawal vs Mohsin Ishakbhai Chavda
2025 Latest Caselaw 6947 Guj

Gujarat High Court

Laxmiben Jayeshbhai Rawal vs Mohsin Ishakbhai Chavda on 25 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/3997/2025                                       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. 3997 of
                                                    2025

                                               In F/FIRST APPEAL NO. 22611 of 2025

                      ==========================================================
                                               LAXMIBEN JAYESHBHAI RAWAL & ORS.
                                                            Versus
                                                MOHSIN ISHAKBHAI CHAVDA & ANR.
                      ==========================================================
                      Appearance:
                      K R PATEL(7601) for the Applicant(s) No. 1,2,3,4,5
                      MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1,2,3,4,5
                      NOTICE SERVED for the Respondent(s) No. 2
                      TAHIR S SAIYED(8983) for the Respondent(s) No. 1
                      ==========================================================

                         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 applicants, submitted that the applicants were not aware about the passing of the impugned judgment and award and learned counsel, who was handling the matter before the learned Tribunal, has not communicated regarding passing of the impugned judgment and award. He further submitted that the applicants are the poor persons, therefore, after attaining the knowledge of passing of the judgment, they could not arrange the requisite finance for payment of Court fee and other expenses. Therefore, the delay of 133 days has occasioned in preferring the appeal.

3. On the other hand, Mr. Tahir S. Saiyed, learned counsel

NEUTRAL CITATION

C/CA/3997/2025 ORDER DATED: 25/09/2025

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appearing on behalf of respondent no.1, submitted that considering the facts and circumstances, the appropriate order may be passed.

4. Having considered the submissions of the learned counsel for the parties and having regard to the facts that the concerned lawyer, who was handling the matter before the learned Tribunal, could not intimate the claimants regarding passing of the impugned judgment and award in time. Therefore, in my considered view, is sufficient to condone the delay and accordingly, the delay is condoned. No order as to costs.

(MOOL CHAND TYAGI, J) Harshit