C/CA/2689/2025 ORDER DATED: 15/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2689 of 2025 In F/FIRST APPEAL NO. 14145 of 2025 ========================================================== MAHESHBHAI @ SURESHBHAI RAMANBHAI THAKOR Versus MAHESHBHAI BHAGWANBHAI DESAI & ORS. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Applicant(s) No. 1 AMRITA A PATEL(7534) for the Respondent(s) No. 4 HCLS COMMITTEE(4998) for the Respondent(s) No. 4 MR. UPENDRASINH V. VALA(17795) for the Respondent(s) No. 1,2 MR.KRUTIK A PARIKH(7268) for the Respondent(s) No. 3 MR.SANAT B PANDYA(6976) for the Respondent(s) No. 1,2 NOTICE UNSERVED for the Respondent(s) No. 5 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 15/09/2025 ORAL ORDER 1. The present application has been preferred under Section 5 of the Limitation Act for seeking condonation of delay of 591 days in preferring the appeal against the impugned judgment and award dated 25.04.2023, passed in MACP No. 727 of 2015. 2. Heard learned advocates for the parties. 3. Learned advocate for the applicant submits that the applicant herein is the driver and he sustained injuries of amputation. Therefore, he could not earn anything to arrange C/CA/2689/2025 ORDER DATED: 15/09/2025 the finance to bear the expenses for preferring the appeal. He further submitted that sufficient time has been spent in arranging the finance for preferring the appeal. Therefore, the delay of 591 days has occasioned in preferring the appeal. 4. Learned advocate for the respondent no.3 submits that considering the facts of the case necessary order may be passed. 5. Learned advocate for the respondent no.4 submits that considering the fact that she is appearing for the driver who is the respondent herein, the necessary order may be passed. 6. Having considered the submissions of the learned advocates for the parties and considering the peculiar fact that the applicant sustained grievous injuries and his lower back was got amputated and he sustained the permanent disability which came to be assessed at 75% of the lower limb and the reason stated in the application, in my considered view the delay has been sufficiently explained. At this juncture, it could be profitable to render Hon’ble Supreme Court in the case of Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR 1987 SC 1353], wherein the Hon’ble Supreme Court has laid down the guidelines for considering the application for condoning the delay. 7. Having regard to the facts and circumstances of the case C/CA/2689/2025 ORDER DATED: 15/09/2025 and law laid down by the Hon’ble Supreme Court in the aforesaid case, the present application deserves to be allowed and accordingly the delay is condoned. There shall be no order as to costs. (MOOL CHAND TYAGI, J) CDP Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHIRAG DESHRAJ PAL(HCD0072), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 19/09/2025 13:29:12