Prajapati Mayuri Bhaveshbhai ... vs Prajapati Bhavesh Maheshbhai ...
2023 Latest Caselaw 1558 Guj

     C/CA/2800/2022                            ORDER DATED: 14/02/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 2800 of 2022
                  In F/FIRST APPEAL NO. 32861 of 2022
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              PRAJAPATI MAYURI BHAVESHBHAI AJMERI
                             Versus
              PRAJAPATI BHAVESH MAHESHBHAI AJMERI
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Appearance:
MR. BK. RAJ(3794) for the Applicant(s) No. 1
RULE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 14/02/2023

                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

Heard Mr. BK Raj, learned advocate for the applicant and Ms. A K Prajapati, learned advocate for the respondent. Ms. Prajapati, learned advocate is permitted to file Vakalatnama on behalf of the respondent.

Present application under Section 5 of the Limitation Act has been preferred by the applicant to condone the delay of 117 days occurred in filing the First Appeal.

In view of the decision of this Court rendered in Civil Application No.1095 of 2022 dated 17.1.2023, the time limit for filing the appeal challenging the judgment and order arising from the dispute between the husband and the wife covers under the Hindu Marriage Act, 1955 as limitation of filing the appeal under the Hindu Marriage Act, 1955 is of 90 days, and therefore, there

C/CA/2800/2022 ORDER DATED: 14/02/2023

is delay of 57 days in preferring the First Appeal.

Considering the contents of the application, it cannot be said that the delay caused in filing the Appeal has remained totally unexplained. Therefore, we are of the view that the delay caused in filing Appeal deserves to be condoned. Accordingly, the application is allowed. Delay is condoned. Rule is made absolute.

Registry is directed to notify the First Appeal for admission hearing on 09.03.2023.

(A.J.DESAI, J)

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD