C/CA/2630/2025 ORDER DATED: 17/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2630 of 2025 In F/SECOND APPEAL NO. 8636 of 2025 ========================================================== HARSUKHLAL VALLABHDAS JAVIYA Versus VITHTHALDAS BAVANJIBHAI PATEL & ANR. ========================================================== Appearance: MR Y J PATEL(3985) for the Applicant(s) No. 1 MR MEET D PANSURIA(10170) for the Respondent(s) No. 1,2 ========================================================== 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 167 days in preferring the Second Appeal, asserting that he was bedridden and, therefore, unable to initiate proceedings within time. The explanation so offered, in the considered assessment of this Court, does not satisfactorily constitute a cogent or credible justification for the inordinate delay. The applicant has palpably failed to furnish a proper and convincing account of the period of delay. Nonetheless, adopting a pragmatic and justice-oriented approach, and with a view to enabling the parties to have their lis adjudicated on merits, this Court deems it appropriate, ex debito justitiae, to condone the delay, more so when the delay is of less than one year. Accordingly, the delay of 167 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 18:08:12