C/CA/3346/2025 ORDER DATED: 25/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3346 of 2025 In F/FIRST APPEAL NO. 7439 of 2025 ========================================================== SHABANABIBI SADIK MOHAMMAD MAKRANI & ORS. Versus SAHEJADA ABDULKALANDER KURESHI & ORS. ========================================================== Appearance: MR MOHSIN M HAKIM(5396) for the Applicant(s) No. 1,2,3,4 NOTICE SERVED for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 25/09/2025 ORAL ORDER 1. The present application has been preferred for seeking condonation of delay of 585 days caused in preferring the appeal against the impugned judgment and award dated 29.04.2023 passed in M.A.C.P.No.59 of 2019. 2. Learned advocate for the applicants submitted that the claimants are widow and three siblings. He submitted that the delay has occurred owing to the reason that the sole bread earner has expired in the vehicular accident. He further submitted that that owing to the poverty of the applicants, they could not arrange the requisite funds for court fees and other expenses for preferring the appeal and they were able to arrange the same only after the disbursement was made by the learned Tribunal in accordance with the directions issued C/CA/3346/2025 ORDER DATED: 25/09/2025 in the impugned judgment and award. Thereafter, they approached their advocate for preferring the appeal. In arranging the necessary funds, a delay of 585 days has occurred in filing the appeal. It has been further averred that the delay is neither intentional nor mala fide, but has occasioned due to the reasons stated in Paragraph Nos.3 to 7 of the application. 3. Learned advocate for the applicants further submitted that, if the delay is condoned, the applicants shall not claim any interest for the period of delay, in the eventuality, if the appeal for enhancement is allowed. 4. The Notices of the application have been duly served upon the respondents, but they have chosen not to appear. 5. Having considered the submissions advanced by the learned advocate for the applicants and the grounds urged for explaining the delay, in my considered opinion, sufficient to condone the delay, subject to the condition that the applicants shall not be entitled to claim any interest for the period of delay on the enhanced compensation, if the appeal is allowed. Accordingly, 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 26/09/2025 11:17:39