Kartikbhai Ramanbhai Dabhi vs Manishaben D/O Balubhai Parmar
2025 Latest Caselaw 651 Guj

Gujarat High Court

Kartikbhai Ramanbhai Dabhi vs Manishaben D/O Balubhai Parmar on 7 July, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                             NEUTRAL CITATION




                               C/CA/148/2025                                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. 148 of
                                                       2025

                                               In F/FIRST APPEAL NO. 37131 of 2024
                       ================================================================
                                                 KARTIKBHAI RAMANBHAI DABHI
                                                            Versus
                                               MANISHABEN D/O BALUBHAI PARMAR
                       ================================================================
                       Appearance:
                       MS NEHA C SHUKLA(6172) for the Applicant(s) No. 1
                       MR AMRISH K PANDYA(3219) 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 for condoning the delay of 145 days in preferring the appeal against the order dated 10.05.2024 passed by the learned Family Court No.2, Vadodara in Family Suit No.838 of 2023.

2. It is reported that the rule is served and learned advocate Mr.Amrish Pandya has appeared.

3. Learned advocate has drawn attention of this Court to the contents of para-2 of the application, wherein it stated that time was consumed in obtaining the certified copy of the judgment from the Court and as the applicant was quite unaware about the legal procedure, some delay has occurred. Further, on advise by the advocate that first

NEUTRAL CITATION

C/CA/148/2025 ORDER DATED: 07/07/2025

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appeal would lie and thereafter, the appeal is filed by the applicant as the applicant is under some financial constrain, some delay has occurred to file the appeal.

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

5. Learned advocate for the respondent formally opposes the grant of application.

6. Considering the aforesaid, particularly, period of 145 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, 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. The delay of 145 days in preferring the appeal against the

NEUTRAL CITATION

C/CA/148/2025 ORDER DATED: 07/07/2025

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order dated 10.05.2024 passed by the learned Family Court No.2, Vadodara in Family Suit No.838 of 2023 is hereby condoned. Rule is made absolute to the aforesaid extent.

(A.Y. KOGJE, J)

(NSSG,J) SIDDHARTH