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Shantaben Maheshkumar Patel v. Jamnaben Maheshkumar Patel

Shantaben Maheshkumar Patel v. Jamnaben Maheshkumar Patel

(High Court Of Gujarat At Ahmedabad)

R/CIVIL APPLICATION NO. 462 of 2021 In F/SECOND APPEAL NO. 988 of 2021 | 05-05-2022

1. Heard Mr. Himanshu Desai, learned advocate for the applicants and Mr. Mrugesh Barot, learned advocate for the respondents. Perused the application as well as the affidavit reply filed on behalf of respondent.

2. It is contended by the learned advocate for the applicants that the judgment was delivered on 22.11.2019 and the applicants applied for Certified Copy on 29.12.2019 and the Certified Copy was delivered on 21.3.2020. He has submitted that there was delay of one week in applying for Certified Copy. He has submitted that if that point is to be considered, the Civil Application would have been filed on 14.3.2020 but thereafter due to Covid-19 Pandemic, the Courts were not functioning and as per the decision of the Apex Court in Suo-motu order, the delay occurred between 15.3.2020 to 28.2.2022 came to be extended and, therefore, virtually there is a delay of only one day and has prayed to allow the present application by condoning the delay in preferring the captioned Second Appeal.

3. The learned advocate for the respondent has strongly objected and has submitted that there is no sufficient cause for condoning the delay.

4. Having considered the submission of both the sides coupled with the material placed on record and the fact that the Hon’ble Apex Court in suo-motu order has extended the period of limitation from 15.3.2020 to 28.2.2022, the delay deserves to be condoned.

5. Hence, the present application is allowed. The delay occurred in preferring the captioned Second Appeal is hereby condoned. Rule is made absolute.

6. Registry to register the Second Appeal accordingly. No order as to costs.

Advocate List
  • MR HIMANSHU C DESAI

  • MR. MRUGESH A BAROT

Bench
  • HON'BLE DR. JUSTICE A. P. THAKER
Eq Citations
  • LQ
  • LQ/GujHC/2022/6419
Head Note

Civil Procedure Code, 1908 — S. 100 — Delay in filing Second Appeal — Condonation of — Suo-motu order of Supreme Court extending period of limitation from 15.3.2020 to 28.2.2022 — Held, delay deserves to be condoned — Hence, delay in preferring Second Appeal condoned