Gujarat High Court
Badalkumar Sadanand Mandal vs Soni W/O Badalkumar Sadanand Mandal on 12 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/379/2024 ORDER DATED: 12/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 379 of
2024
In
R/FIRST APPEAL NO. 2926 of 2025
================================================================
BADALKUMAR SADANAND MANDAL
Versus
SONI W/O BADALKUMAR SADANAND MANDAL
================================================================
Appearance:
MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 12/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant-husband under Section 5 of the Limitation Act for condoning the delay of 43 days in preferring the appeal against judgment and decree dated 18.03.2023 passed by the Principal Judge, Family Court, Surat in Family Suit No.465 of 2020.
2. Rule was issued on 25.01.2024 returnable on 12.03.2024. None has filed appearance so far for the respondent.
3. Learned advocate has drawn attention of this Court to the contents of para-2 of the application, wherein it stated that the Page 1 of 2 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:46:49 IST 2025 NEUTRAL CITATION C/CA/379/2024 ORDER DATED: 12/08/2025 undefined applicant had to seek financial help from friends and other persons as he is doing casual work and hence, some delay has occurred.
5. Considering the aforesaid, particularly, period of 43 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
6. Considering the submissions and the contents of the application mentioned hereinabove, the delay is also explained sufficiently.
7. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term "Sufficient Cause" was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.
8. In view of the aforesaid, the application is allowed. The delay of 43 is hereby condoned. Rule is made absolute.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 2 of 2 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:46:49 IST 2025