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2022 Supreme(Guj) 29

A.P.THAKER
Nandlal Namdev Otwani – Appellant
Versus
Vijay Jayprakash Ahuja – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Jaimin A. Gandhi
For the Respondent: Mr Ketan A. Dave Mr Sanjay G. Udhwani

JUDGMENT :

1. The original defendant No.4 has preferred this Civil Application for condonation of delay of 399 days caused in preferring Appeal from Order which he propose to file against the order dated 20.11.2018 passed below Exh-6/7 in Civil Suit No. 482 of 2016, whereby he has been restrained from transferring, alienating or creating interest of any third party in respect of suit property till final disposal of the suit.

2. The applicant has submitted that he was suffering from financial crisis and he had no funds to challenge the impugned order nor did he has funds to develop the subject land. He has submitted that now he has gained some financial strength through help of friends and relatives and. Therefore. he is contemplating development of the subject land either himself or through some developer. He has submitted that due to such financial crises, delay has occurred.

2.1 It is also contended that refusing to condone the delay will result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. It is also contended that if the delay is condoned, the respondent will not be affected and justice will be done to both the parties on merit

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