Becharbhai Mangalbhai Prajapati vs Sagarambhai Punjabhai Chaudhary
2025 Latest Caselaw 7054 Guj

Gujarat High Court

Becharbhai Mangalbhai Prajapati vs Sagarambhai Punjabhai Chaudhary on 29 September, 2025

                                                                                                                      NEUTRAL CITATION




                              C/CA/2387/2025                                           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. 2387
                                               of 2025

                                          In F/FIRST APPEAL NO. 12446 of 2025

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                                        BECHARBHAI MANGALBHAI PRAJAPATI
                                                     Versus
                                     SAGARAMBHAI PUNJABHAI CHAUDHARY & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      MR PALAK H THAKKAR(3455) for the Respondent(s) No. 3
                      RULE SERVED for the Respondent(s) No. 1,2
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                         Date : 29/09/2025

                                                                ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 179 days caused in preferring the appeal against the impugned judgment and award.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant submitted that the applicant could not contact the advocate to prefer the appeal owing to the Covid-19 pandemic and thereafter the dealing advocate advised present applicant to prefer the appeal, thereafter the some delay has occasioned on account of arranging the finance to prefer the appeal. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reasons as stated in paragraph-2 to 5 of the application. He further submitted that the applicant waives the

NEUTRAL CITATION

C/CA/2387/2025 ORDER DATED: 29/09/2025

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interest for the entire delayed period on the enhanced amount, if the appeal is allowed.

4. On the other hand, learned advocate Ms Krupali Bhatt appearing on behalf of the learned advocate Mr. Palak Thakkar submitted that considering the facts and circumstances of the case, the appropriate order may be passed.

5. Having considered the submissions of the learned advocates for the parties and having regard to the ground for delay pressed into service, I am of the considered view that the delay has been sufficiently explained and the same deserves to be condoned. Accordingly, the delay is condoned subject to the condition that the claimants shall not be entitled for any interest for the entire delayed period on the enhanced amount of compensation, in case the appeal for enhancement is allowed. No order as to costs.

6. In view of the above directions, the present application is disposed of.

(MOOL CHAND TYAGI, J) CDP