Gujarat High Court
Nainaben Arvindsingh Chauhan vs Ismailsha Mehboobsha Divan on 21 November, 2025
NEUTRAL CITATION
C/CA/4642/2025 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. 4642
of 2025
In F/FIRST APPEAL NO. 27331 of 2025
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NAINABEN ARVINDSINGH CHAUHAN & ORS.
Versus
ISMAILSHA MEHBOOBSHA DIVAN & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3
MS KIRTI S PATHAK(9966) for the Respondent(s) No. 3
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 applicant. Though served, none appears for the respondent nos.1 and 2.
2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 290 days caused in filing the captioned appeal on the ground of financial crisis.
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 SUPREME COURT 3222, therefore, the delay of 290 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed.
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