Bayaben Dayabhai Vaghela (Decd) vs Ranchhod Gopal Dangar
2025 Latest Caselaw 7057 Guj

Gujarat High Court

Bayaben Dayabhai Vaghela (Decd) vs Ranchhod Gopal Dangar on 29 September, 2025

                                                                                                              NEUTRAL CITATION




                              C/CA/4163/2025                                   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. 4163 of
                                                    2025

                                               In F/FIRST APPEAL NO. 24522 of 2025

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                                       BAYABEN DAYABHAI VAGHELA (DECD) & ORS.
                                                      Versus
                                           RANCHHOD GOPAL DANGAR & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5
                      MASUMI V NANAVATY(9321) for the Respondent(s) No. 2
                      MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
                      NOTICE SERVED for the Respondent(s) No. 1,3,4.1
                      ==========================================================

                         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 applicants, submitted that the delay of 130 days has occasioned in preferring the appeal against the impugned judgment and award dated 17.12.2024 passed in MACP No.130/2021 by the learned Motor Accident Claims Tribunal. He further submitted that the applicants are the poor persons and they could not arrange the necessary fund for paying the Court fee and other expenses in preferring the appeal. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reasons stated in para nos.2 and 3 of the application.

3. Ms. Masumi V. Nanavaty, learned counsel appearing on behalf of

NEUTRAL CITATION

C/CA/4163/2025 ORDER DATED: 29/09/2025

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the respondent no.1, submitted that considering the facts and circumstances of the present case, the necessary order may be passed.

4. Having considered the submissions of the learned counsel for the parties and having regard to the ground of poverty pressed into service, I am of the considered view that the delay has been properly explained and the same is deserved to be condoned and accordingly, the delay is condoned. In view of the above, the present application stands allowed. No order as to costs.

5. Registry is directed to accept the vakalatnama and reflect the name of Mr. Vibhuti Nanavati, learned counsel in the First Appeal.

(MOOL CHAND TYAGI, J) HARSHIT