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2025 DAILYLAW 8207 (GUJ)

ZUBEDABIBI W/O KAJI MOHSINODDIN KHERUDIN v. KAJI MAKSUDHUSAIN KHERUDDIN BIN KAMUMIYA

CA/2022/2025 · 2025-11-17

J C Doshi

body2025

Judgment text

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C/CA/2022/2025 ORDER DATED: 17/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2022 of 2025 In F/SECOND APPEAL NO. 9477 of 2025 ========================================================== ZUBEDABIBI W/O KAJI MOHSINODDIN KHERUDIN Versus KAJI MAKSUDHUSAIN KHERUDDIN BIN KAMUMIYA ========================================================== Appearance: MR RIYAZ R PARMAR(11846) for the Applicant(s) No. 1 MR S Y MERMULLA(13516) for the Applicant(s) No. 1 MR JOHNSEY P MACWAN(5498) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 17/11/2025 ORAL ORDER Heard learned advocates for both sides. The applicant seeks condonation of a delay of 317 days in preferring the Second Appeal, asserting ignorance of law and paucity of financial means to engage counsel as the principal grounds. Neither of the reasons canvassed is, in the considered view of this Court, germane or sufficient to satisfactorily explain the protracted delay. The applicant has, indubitably, failed to render a cogent or convincing explanation for delay, as mandated by law. Nonetheless, adopting a pragmatic and justice-oriented approach and to ensure that the parties are afforded an opportunity to have their lis adjudicated on merits, this Court is inclined to condone the delay, particularly when the delay is of less than one year. Accordingly, the delay of 317 days stands condoned. The Civil Application is allowed to the aforesaid extent. (J. C. DOSHI,J) MANISH MISHRA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MANISH MISHRA(HC01776), STENO GR II, at High Court of Gujarat on 17/11/2025 18:09:36