[Cites 1, Cited by 0]
Gujarat High Court
Iladevi Kiritsinhji Raoulji vs Heirs Of Late Kusumkumar ... on 4 December, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/3749/2025 ORDER DATED: 04/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3749 of
2025
In F/FIRST APPEAL NO. 20560 of 2025
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ILADEVI KIRITSINHJI RAOULJI & ORS.
Versus
HEIRS OF LATE KUSUMKUMAR HARSHVARDHANSINHJI CHAUHAN &
ORS.
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1,2,3,4
DS AFF.NOT FILED (R) for the Respondent(s) No. 1.1,1.2,2,3,4.1,4.2,4.3
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 04/12/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicants under Section 5 of
the Limitation Act for condoning the delay of 45 days in preferring
the appeal against the judgment and decree dated 03-02-2025
passed by the learned 2 nd Additional Senior Civil Judge, Godhra in
Special Civil Suit No.17 of 2013.
2. Rule is served upon the respondent and learned advocate Ms.
NEUTRAL CITATION
C/CA/3749/2025 ORDER DATED: 04/12/2025
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Shivani J. Barot on behalf of learned Advocate Mr. P. A. Jadeja has
appeared for respondents.
3. Learned advocate has drawn attention of this Court to the
contents of para-3 to 4 of the application, wherein it stated that the
captioned appeal ought to have been filed within a period of 90
days from the order, however the certified copy of the judgment
and decree was applied for and received after some delay due to
medical and personal circumstances of applicant No.1, who is a
senior citizen aged over 84 years and undergoing treatment. It is
submitted that after receipt of the judgment, multiple legal
consultations were undertaken due to the voluminous record, the
complex questions of fact and law. involved, and the necessity to
examine the extensive documentary evidence (over 200 Village Form
Nos. 7/12 and related revenue entries). It is submitted that the
internal family deliberations were required, since the matter
pertains to ancestral and estate claims involving multiple legal
heirs, some of whom reside outside Gujarat and had to be
consulted for instructions, affidavits, and logistical coordination and
that due to the age and health of the lead applicant, Covid-related
NEUTRAL CITATION
C/CA/3749/2025 ORDER DATED: 04/12/2025
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after-effects, and financial limitations, the drafting and filing process
took additional time beyond the limitation period and therefore the
same occasion in preferring the accompanying Appeal, which is
required to be condoned.
4. Therefore, learned advocate has drawn attention of this Court
to the reasons for which delay has occurred.
5. Learned advocate for the respondents formally opposes the
grant of application.
6. Considering the aforesaid, particularly, period of 45 days of
delay, the Court is of the view that considering the facts involved
in the case, delay cannot be treated as inordinate.
7. Considering the submissions and the contents of the para
mentioned hereinabove, the delay is also explained sufficiently.
8. 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,
NEUTRAL CITATION
C/CA/3749/2025 ORDER DATED: 04/12/2025
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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.
9. In view of the aforesaid, the application is allowed. Rule is
made absolute to the aforesaid extent. The delay of 45 days in
preferring the appeal against the judgment and decree dated 03-02-
2025 passed by the learned 2 nd Additional Senior Civil Judge,
Godhra in Special Civil Suit No.17 of 2013 is hereby condoned. The
Registry is directed to list the main appeal in due course.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
PARESH SOMPURA
