Badalkumar Sadanand Mandal vs Soni W/O Badalkumar Sadanand Mandal
2025 Latest Caselaw 2517 Guj

Gujarat High Court

Badalkumar Sadanand Mandal vs Soni W/O Badalkumar Sadanand Mandal on 12 August, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                                    NEUTRAL CITATION




                               C/CA/379/2024                                        ORDER DATED: 12/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 379 of
                                                       2024
                                                        In
                                           R/FIRST APPEAL NO. 2926 of 2025

                       ================================================================
                                             BADALKUMAR SADANAND MANDAL
                                                         Versus
                                         SONI W/O BADALKUMAR SADANAND MANDAL
                       ================================================================
                       Appearance:
                       MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1
                       DS AFF.NOT FILED (R) for the Respondent(s) No. 1
                       ================================================================

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

                                                            Date : 12/08/2025

                                               ORAL ORDER

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

1. This application is filed by the applicant-husband under

Section 5 of the Limitation Act for condoning the delay of 43 days

in preferring the appeal against judgment and decree dated

18.03.2023 passed by the Principal Judge, Family Court, Surat in

Family Suit No.465 of 2020.

2. Rule was issued on 25.01.2024 returnable on

12.03.2024. None has filed appearance so far for the respondent.

3. Learned advocate has drawn attention of this Court to

the contents of para-2 of the application, wherein it stated that the

NEUTRAL CITATION

C/CA/379/2024 ORDER DATED: 12/08/2025

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applicant had to seek financial help from friends and other persons

as he is doing casual work and hence, some delay has occurred.

5. Considering the aforesaid, particularly, period of 43

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 43 is hereby condoned. Rule is made absolute.

(A.Y. KOGJE, J)

(NSSG,J) SHITOLE