LAXMIBEN JAYESHBHAI RAWAL v. MOHSIN ISHAKBHAI CHAVDA
CA/3997/2025 · 2025-09-25
Mool Chand Tyagi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5153 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5153 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/CA/3997/2025 ORDER DATED: 25/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3997 of 2025 In F/FIRST APPEAL NO. 22611 of 2025 ========================================================== LAXMIBEN JAYESHBHAI RAWAL & ORS. Versus MOHSIN ISHAKBHAI CHAVDA & ANR. ========================================================== Appearance: K R PATEL(7601) for the Applicant(s) No. 1,2,3,4,5 MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1,2,3,4,5 NOTICE SERVED for the Respondent(s) No. 2 TAHIR S SAIYED(8983) for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 25/09/2025
ORAL ORDER
1. Heard learned counsel for the parties.
2.
Learned counsel for the applicants, submitted that the applicants were not aware about the passing of the impugned judgment and award and learned counsel, who was handling the matter before the learned Tribunal, has not communicated regarding passing of the impugned
judgment and award. He further submitted that the applicants are the poor persons, therefore, after attaining the knowledge of passing of the
judgment, they could not arrange the requisite finance for payment of Court fee and other expenses. Therefore, the delay of 133 days has occasioned in preferring the appeal.
3. On the other hand, Mr. Tahir S. Saiyed, learned counsel
C/CA/3997/2025 ORDER DATED: 25/09/2025 appearing on behalf of respondent no.1, submitted that considering the
facts and circumstances, the appropriate order may be passed.
4. Having considered the submissions of the learned counsel for the parties and having regard to the facts that the concerned lawyer, who was handling the matter before the learned Tribunal, could not intimate the claimants regarding passing of the impugned judgment and award in time. Therefore, in my considered view, is sufficient to condone the delay 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 19:20:00