Maherben @ Bismila W/O Maheshbhai Dabhi ... vs Maheshbhai Semabhai Dabhi
2025 Latest Caselaw 649 Guj

Gujarat High Court

Maherben @ Bismila W/O Maheshbhai Dabhi ... vs Maheshbhai Semabhai Dabhi on 7 July, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                             NEUTRAL CITATION




                               C/CA/2626/2025                                ORDER DATED: 07/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2626 of
                                                     2025

                                                In F/FIRST APPEAL NO. 12290 of 2025
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                        MAHERBEN @ BISMILA W/O MAHESHBHAI DABHI D/O RAHEMAN KHAN
                                                 PATHAN
                                                  Versus
                                       MAHESHBHAI SEMABHAI DABHI
                       ================================================================
                       Appearance:
                       MS RAKSHA S KHATED(12987) for the Applicant(s) No. 1
                       RULE SERVED for the Respondent(s) No. 1
                       ================================================================
                          CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                and
                                HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

                                               Date : 07/07/2025
                                                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 157 days in preferring the appeal against the judgment and order dated 05.08.2024 passed by the learned Family Court,. Gandhidham, Kutch in Family Suit No.100 of 2024.

2. It is reported that the rule is served however, none has appeared on behalf of the respondent.

3. Learned advocate has drawn attention of this Court to the contents of para-3 to 5 of the application, wherein it stated that the delay of 157 days has occurred because of non-service of summons as the applicant could not attend

NEUTRAL CITATION

C/CA/2626/2025 ORDER DATED: 07/07/2025

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the proceedings as she was not aware about the same. The applicant has compelling reasons for not being able to file the appeal within the statutory time and the delay has occurred in filing the appeal.

4. Therefore, learned advocate has drawn attention of this Court to the reasons for which delay has occurred.

5. Considering the aforesaid, particularly, period of 157 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 para 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 157 days caused in preferring the appeal against the judgment and order dated 05.08.2024 passed by the learned Family Court, Gandhidham, Kutch in Family

NEUTRAL CITATION

C/CA/2626/2025 ORDER DATED: 07/07/2025

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Suit No.100 of 2024. Rule is made absolute to the aforesaid extent.

(A.Y. KOGJE, J)

(NSSG,J) SIDDHARTH