Manojbhai Rameshbhai Lunashiya vs Ashaben Manojbhai Lunashiya D/O ...
2022 Latest Caselaw 9751 Guj

       C/CA/1790/2022                                 ORDER DATED: 01/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 1790 of 2022

                        In F/FIRST APPEAL NO. 24156 of 2022

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               MANOJBHAI RAMESHBHAI LUNASHIYA
                            Versus
       ASHABEN MANOJBHAI LUNASHIYA D/O NARANBHAI RATHOD
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Appearance:
MR. AMIT B SONI(7165) for the Applicant(s) No. 1
NOTICE SERVED 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 : 01/12/2022

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. Amit Soni for the applicant.

2. Though served with the Rule, none appears for the respondent.

3. What is prayed is to condone the delay of 51 days. The delay has occasioned in preferring the First Appeal against the judgment and decree dated 28.4.2022 of learned Principal Judge, Family Court in Family Suit No. 3 of 2022, whereby the Family Suit of the husband for seeking divorce came to be rejected.

3.1 Explaining the delay, it was submitted that after the availability of the judgment and decree and obtainment of certified copy of the same, the applicant immediately wanted to prefer the appeal, however, time was

C/CA/1790/2022 ORDER DATED: 01/12/2022

consumed in taking legal advise, which has resulted into delay of 51 days.

4. In the over all view, where the dispute is matrimonial, the delay could be said to have been explained with sufficient cause. As the sufficient cause is made out, the delay of 51 days deserves to be condoned.

5. The delay is accordingly condoned. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(SANDEEP N. BHATT,J) C.M. JOSHI