Rakeshbhai Harsingbhai Bhabhor vs Khatrabhai Ramabhai Vala(Gari)
2025 Latest Caselaw 7047 Guj

Gujarat High Court

Rakeshbhai Harsingbhai Bhabhor vs Khatrabhai Ramabhai Vala(Gari) on 29 September, 2025

                                                                                                              NEUTRAL CITATION




                              C/CA/4172/2025                                   ORDER DATED: 29/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4172 of
                                                    2025

                                               In F/FIRST APPEAL NO. 24538 of 2025

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                                           RAKESHBHAI HARSINGBHAI BHABHOR
                                                        Versus
                                         KHATRABHAI RAMABHAI VALA(GARI) & ANR.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      MS KIRTI S PATHAK(9966) for the Respondent(s) No. 2
                      NOTICE SERVED for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                           Date : 29/09/2025

                                                               ORAL ORDER

1. Heard learned counsel for the parties.

2. Learned counsel for the applicant, submitted that the delay of 177 days has occasioned in preferring the appeal against the impugned judgment and award dated 06.11.2024 passed by the learned Motor Accident Claims Tribunal in MACP No.91/2015.

3. Learned counsel for the applicant, submitted that owing to the poverty of the applicant, the applicant could not arrange the necessary finance to pay the Court fee and other expenses involved in preferring the appeal. He further submitted that the applicant also could not solicit the legal advice for preferring the appeal from the lawyer in time. Therefore, the delay of 177 days has occasioned in preferring the appeal. He further submitted that the delay is neither intentional nor

NEUTRAL CITATION

C/CA/4172/2025 ORDER DATED: 29/09/2025

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malafide but has occasioned owing to the reasons stated in para nos.3 to 5 of the application.

4. Ms. Kirti S. Pathak, learned counsel appearing on behalf of the respondent no.2, submitted that considering the grounds stated in the application, the appropriate order may be passed.

5. Having considered the submissions of the learned counsel for the parties and having regard to the delay on the ground of poverty pressed into service, in my considered view, constitutes a sufficient cause to condone the delay and accordingly, the delay is condoned. In view of the above, the present application stands allowed. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT