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2025 DAILYLAW 3178 (GUJ)

NAKIBEN KASIYABHAI PALAS WD/O DECD KASIYABHAI PARUBHAI PALAS v. SURMALBHAI PUNJABHAI NINAMA

CA/3571/2025 · 2025-09-25

Mool Chand Tyagi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C/CA/3571/2025 ORDER DATED: 25/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3571 of 2025 In F/FIRST APPEAL NO. 13677 of 2025 ========================================================== NAKIBEN KASIYABHAI PALAS WD/O DECD KASIYABHAI PARUBHAI PALAS & ORS. Versus SURMALBHAI PUNJABHAI NINAMA & ORS. ========================================================== Appearance: MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3 NOTICE SERVED for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 25/09/2025 ORAL ORDER 1. Heard learned counsel for the applicant. 2. Learned counsel for the applicant submitted that the delay of 60 days has occasioned owing to the financial crisis of the claimants as the sole bread earner, had expired in the accident. He further submitted that they could arrange the finance only when some portion of the awarded amount was disbursed in favour of the claimants. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reasons stated in the application. 3. The respondents have been duly served but despite service, they have chosen not to appear before the Court. 4. Having considered the submissions of the learned counsel for the applicant and having regard to the grounds for delay pressed into C/CA/3571/2025 ORDER DATED: 25/09/2025 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. (MOOL CHAND TYAGI, J) HARSHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: HARSHIT SANCHETI(HCD0070), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 25/09/2025 19:22:22