C/CA/3403/2025 ORDER DATED: 15/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3403 of 2025 In F/FIRST APPEAL NO. 18777 of 2025 ========================================================== ATULKUMAR JETHABHAI PATEL Versus DILIPBHAI RAIJIBHAI PAGI & ANR. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Applicant(s) No. 1 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 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 15/09/2025 ORAL ORDER 1. The present application has been preferred for seeking condonation of delay of 150 days caused in preferring the appeal against the impugned judgment and award dated 03.10.2024 passed in M.A.C.P.No.128 of 2021. 2. Heard learned advocates for the parties. 3. Mr. Nishit Bhalodi, learned advocate for the applicant, submitted that owing to the poverty of the applicant, he could not arrange the requisite funds for court fees and other expenses for preferring the appeal and he was able to arrange the same only after the disbursement was made by the learned Tribunal in accordance with the directions issued in C/CA/3403/2025 ORDER DATED: 15/09/2025 the impugned judgment and award. He further submitted that the delay is neither intentional nor malafide, but has occasioned due to the reasons stated in Paragraph Nos. 6 to 8 of the application. 4. Mr.Vibhuti Nanavati, learned advocate for the respondent no.2, submitted that considering the facts and circumstances of the case, an appropriate order may be passed. 5. Having considered the submissions of the learned advocates for the parties and having regard to the ground of poverty and in view of the law laid down by the Hon’ble Supreme Court in the case of Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR 1987 SC 1353], the delay of 150 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. There shall be no order as to costs. (MOOL CHAND TYAGI, J) GIRISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 17/09/2025 16:55:44