VIMLABEN HIMMATBHAI VAGHELA Vs. PRAVINBHAI ASHABHAI VAGHELA

JUDGEMENT

(1.) This civil application has been filed praying for condonation of delay of 784 days in filing the captioned First Appeal.

(2.) Mr. Nishit A. Bhalodi, learned advocate for the applicant submitted that the dealing advocate applied for the certified copies on 15/9/2017 and received the same on 20/11/2017. That the dealing advocate conveyed to the appellant regarding pronouncement of judgment and amount of compensation allowed on 24/11/2017. The applicant informed the dealing advocate that he will reply to him after consulting her family members. That the applicant not being educated was not aware about the legal position. Learned advocate for the applicant submitted that thereafter the applicant consulted her family members and elders who are educated and received the advice that the applicant may file first appeal before the High Court of Gujarat challenging the impugned order. That the applicant contacted the dealing advocate on 6/11/2018 and instructed to file first appeal. Thereafter the dealing advocate sent the copy of judgment and award to the High Court advocate on 24/12/2018. The High Court advocate raised further requirements of the documents on 6/2/2019. The dealing advocate arranged to send the requisite documents to the High Court advocate on 30/4/2019 where he opined for filing of first appeal on 12/6/2019 as the High Court advocate was not available during the summer vacation; therefore there was delay in sharing the opinion for filing appeal. The High Court advocate additionally raised requirement of certified copies of the judgment and award as the copies sent were photocopy of the same documents. The dealing advocate tried to find out the certified copies but it was misplaced in the office and therefore some time was consumed in finding out the certified copies. That the appellant visited the office of dealing advocate on 12/1/2020 to inquire about the status of the first appeal. The dealing advocate replied that due to work load and oversight he was not able to send the certified copies to the High Court till date. The dealing advocate sent the certified copies to the High Court advocate on 24/2/2020. Subsequently the High Court advocate sent the application for condonation of delay for affidavit on 18/3/2020. But in few days' time lock-down was declared and hence the applicant couldn't go to the office of the dealing advocate for executing affidavit. The applicant went to the office of the dealing advocate on 15/10/2020 for executing affidavit. In view of the aforesaid circumstances the delay of 784 days has been caused in preferring the captioned appeal.

(3.) Mr. Nishit Bhalodi, learned advocate has relied upon the judgment of the Hon'ble Apex Court in the case of K. Subbarayudu v. Special Deputy Collector (Land Acquisition ) reported in 2017 (12) SCC 840. It is submitted that the cause for delay should receive liberal construction so as to advance substantial justice. It is submitted that the applicants are ready and willing to forego the interest and the consequential statutory benefits during the delayed period and thus prayed for liberal consideration of the sufficient cause.