Kuntal Chandrakantbhai Mevada vs Archana W/O Kuntal Mevada D/O ...
2025 Latest Caselaw 479 Guj

Gujarat High Court

Kuntal Chandrakantbhai Mevada vs Archana W/O Kuntal Mevada D/O ... on 1 July, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                                    NEUTRAL CITATION




                               C/CA/2156/2025                                      ORDER DATED: 01/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2156 of
                                                     2025
                                                      In
                                         F/FIRST APPEAL NO. 6987 of 2025
                       ================================================================
                                      KUNTAL CHANDRAKANTBHAI MEVADA
                                                   Versus
                            ARCHANA W/O KUNTAL MEVADA D/O NARENDRABHAI SHANTILAL
                                                SIDDHAPURA
                       ================================================================
                       Appearance:
                       MR HARSH M SURTI(3907) for the Applicant(s) No. 1
                       MR SIKANDER SAIYED(3458) for the Applicant(s) No. 1
                       MR BHARAT R PANDYA(543) for the Respondent(s) No. 1
                       ================================================================

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

                                                            Date : 01/07/2025

                                               ORAL ORDER

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

1. RULE. Learned Advocate Mr.Bharat Pandya waives

service of Rule on behalf of the respondents.

2. This application is filed by the applicant under Section

5 of the Limitation Act for condoning the delay of 37 days in

preferring the appeal against judgment and decree dated

24.10.2024 the Judge, Family Court No.7, Rajkot in Family Suit

No.1848 of 2017.

3. Notice was issued on 21.04.2025 returnable on

NEUTRAL CITATION

C/CA/2156/2025 ORDER DATED: 01/07/2025

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23.06.2025. In response to the notice issued, learned Advocate

Mr.Bharat Pandya appears for the respondent.

4. Learned advocate has drawn attention of this Court to

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

applicant is the only son and mother of the applicant is not keeping

good health and there was some delay in obtaining certified copy of

the impugned order and hence, some delay has occurred.

5. Learned advocate for the respondent formally opposes

the grant of application.

6. Considering the aforesaid, particularly, period of 37

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

application 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, 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

NEUTRAL CITATION

C/CA/2156/2025 ORDER DATED: 01/07/2025

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discussed.

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

delay of 37 is hereby condoned. Rule is made absolute.

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

course.

(A.Y. KOGJE, J)

(NSSG,J) SHITOLE