Narendrasinh Rajusinh Bihola vs Kailasben Rameshbhai Mangalbhai Sodha ...
2025 Latest Caselaw 1584 Guj

Gujarat High Court

Narendrasinh Rajusinh Bihola vs Kailasben Rameshbhai Mangalbhai Sodha ... on 1 August, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                                    NEUTRAL CITATION




                              C/CA/3166/2025                                         ORDER DATED: 01/08/2025

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                                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3166 of 2025
                                                                  In
                                                F/FIRST APPEAL NO. 15693 of 2025
                       =======================================================================
                                               NARENDRASINH RAJUSINH BIHOLA
                                                                Versus
                                     KAILASBEN RAMESHBHAI MANGALBHAI SODHA PARMAR
                       =======================================================================
                       Appearance:
                       DEV D PATEL(8264) for the Applicant(s) No. 1
                       KURVEN K DESAI(7786) for the Respondent(s) No. 1
                       =======================================================================

                            CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                  and
                                  HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

                                                              Date : 01/08/2025

                                    ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. This application is filed by the applicant under Section

5 of the Limitation Act for condoning the delay of 13 days in

preferring the appeal against judgment and decree dated

13.01.2025 the Principal Judge, Family Court, Kheda at Nadiad in

Family Suit No.113 of 2023.

2. Rule was issued on 13.06.2025 returnable on

27.06.2025. In response to the Rule, learned Advocate Mr.Kurven

Desai appears for the respondent.

3. Learned Advocate has drawn attention of this Court to

the contents of para-3 to 6 of the application and submitted that

there is delay of 13 days in approaching this Court.

4. Learned advocate for the respondent formally opposes

the grant of application.

NEUTRAL CITATION

C/CA/3166/2025 ORDER DATED: 01/08/2025

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5. Considering the aforesaid, particularly, period of 13

days of delay, the Court is of the view that considering the facts

involved in the case, delay cannot be treated as inordinate.

6. Considering the submissions and the contents of the

application mentioned hereinabove, the delay is also explained

sufficiently.

7. A reference in this regard may be made to the

judgment of the Supreme Court in case of Sheo Raj Singh

(Deceased) through Legal Representatives and others vs/. Union of

India and Another, reported in, (2023) 10 SCC 531, wherein the

term "Sufficient Cause" was interpreted and the approach of

Courts while deciding application for condonation of delay was

discussed.

8. In view of the aforesaid, the application is allowed. The

delay of 13 is hereby condoned. Rule is made absolute.

9. Registry is directed to list the main appeal in due

course.

(A.Y. KOGJE, J)

(NSSG,J) SHITOLE