Alpeshbhai Vitthalbhai Parmar vs Jagrutiben Alpeshbhai Parmar
2022 Latest Caselaw 10231 Guj

     C/CA/2180/2022                                   ORDER DATED: 16/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2180 of 2022

                      In F/FIRST APPEAL NO. 27309 of 2022

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                       ALPESHBHAI VITTHALBHAI PARMAR
                                   Versus
                       JAGRUTIBEN ALPESHBHAI PARMAR
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Appearance:
MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 1
SHAILI A SHAH(8832) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 16/12/2022

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE SANDEEP N. BHATT)

This application is filed under Section 5 of the

Limitation Act by the applicant seeking to condone the

delay of 82 days, which is caused in filing the First

Appeal against the judgment and order passed by the

learned Judge, Family Court No.3, Ahmedabad in

H.M.P.No.1051 of 2015 dated 23.6.2021.

2. Rule. Learned advocate Ms.Shaili Shah waives

service of notice of rule for respondent.

C/CA/2180/2022 ORDER DATED: 16/12/2022

3. Heard learned advocates for the respective

parties. Learned advocate Mr.Rupera for the appellant

referred to the averments made in this application and

submitted that the delay is not intentional and the same

may therefore be condoned. Learned advocate Ms.Shah

for the respondent vehemently opposed for grant of this

application.

4. We have considered the submissions canvassed

by the learned advocates for the respective parties. We

have perused the reasons stated in the memo of

application and the cause for not preferring the appeal

within the period of limitation, more particularly,

paragraph nos.3 and 4 thereof. The sufficient cause is

made out by the applicant.

5. In that view, delay is condoned. Rule is made

absolute accordingly.

(N.V.ANJARIA, J)

(SANDEEP N. BHATT,J) SRILATHA