Gujarat High Court
Kavitaben Amitbhai Chaudhari vs Roshankumar Rakeshbhai Chaudhari on 21 November, 2025
NEUTRAL CITATION
C/CA/4656/2025 ORDER DATED: 21/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
4656 of 2025
In F/FIRST APPEAL NO. 26706 of 2025
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KAVITABEN AMITBHAI CHAUDHARI & ORS.
Versus
ROSHANKUMAR RAKESHBHAI CHAUDHARI & ANR.
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3,4,5
NOTICE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/11/2025
ORAL ORDER
1. Heard learned advocate for the applicants. Though served, none appears for the respondents.
2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 485 days caused in filing the captioned appeal on the ground of financial crisis as Insurance Company has been exonerated and applicants did not receive any amount of compensation.
3. Having heard the learned advocates for the respective parties and considering the averments made in this application, it appears that sufficient cause is made out to condone the delay and in view of the judgment passed by the Hon'ble Apex Court in the case of N. Balakrishnan vs. N. Krishnamurthy, reported in AIR 1998 Page 1 of 2 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:14:41 IST 2025 NEUTRAL CITATION C/CA/4656/2025 ORDER DATED: 21/11/2025 undefined SUPREME COURT 3222, therefore, the delay of 485 days as explained by the learned advocate for the applicant is considered on condition that applicants shall not be entitled to the interest for the interregnum period of delay, if in case the applicants succeed in appeal. The application is accordingly allowed.
(HASMUKH D. SUTHAR,J) ANKIT JANSARI Page 2 of 2 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Nov 24 2025 Downloaded on : Mon Nov 24 21:14:41 IST 2025