C/CA/3347/2026 ORDER DATED: 06/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3347 of 2026 In F/FIRST APPEAL/21524/2026 ========================================================== PATEL HITENDRABHAI VITTHALBHAI Versus RAJNIKANT BALVANTSINH DODIYA & ANR. ========================================================== Appearance: NILAY H PATEL(7856) for the Applicant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 06/08/2026 ORAL ORDER 1. Draft amendment stands allowed. The same shall be carried out forthwith. 2. Heard learned advocate for the applicant. Noticing the limited prayer sought for in the present application, the same is taken up for hearing at admission stage without issuance of notice upon the respondents. 3. Present application is preferred under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act praying for condonation of delay of 195 days caused in preferring the appeal. 4. Learned advocate for the applicant - original claimant has relied upon the averments made in the instant application C/CA/3347/2026 ORDER DATED: 06/08/2026 and submitted that the appeal could not be presented within the prescribed period of limitation. Learned advocate for the applicant further submitted that looking to the benevolent piece of legislation, the applicant intends to present his case for enhancement of the compensation. Learned advocate for the applicant has therefore, urged this Court to take liberal view and condone the delay. 5. Considering the aforesaid submissions advanced by the learned advocate for the applicant and in view of the law laid down by the Hon’ble Apex Court in the case of Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR 1987 SC 1353], and having regard to the grounds pressed into service for condonation of delay, in my considered view, constitutes su1icient cause to condone the delay, hence, the present application deserves to be allowed and is accordingly allowed. No order as to costs. (MOOL CHAND TYAGI, J) HS 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 06/08/2026 17:38:11