Kinjalben Vinodbhai Suthar vs Mistry Ketankumar Dineshbhai
2025 Latest Caselaw 1092 Guj

Gujarat High Court

Kinjalben Vinodbhai Suthar vs Mistry Ketankumar Dineshbhai on 9 June, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                              NEUTRAL CITATION




                              C/CA/2779/2025                                  ORDER DATED: 09/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2779 of
                                                     2025
                                      In F/FIRST APPEAL NO. 1773 of 2025
                      ==========================================================
                                                KINJALBEN VINODBHAI SUTHAR
                                                            Versus
                                               MISTRY KETANKUMAR DINESHBHAI
                      ==========================================================
                      Appearance:
                      MS RAKSHA S DIKSHIT(5568) for the Applicant(s) No. 1
                      ==========================================================

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

                                                          Date : 09/06/2025

                                                  ORAL ORDER

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

1. Learned Advocate for the applicant is absent.

2. Original proceedings pertains to restitution of conjugal rights.

Application is for condoning the delay of 33 days, which has arisen in

preferring the Appeal against judgment and decree dated 11-09-2024

passed by the Principal Judge, Family Court, Visnagar, Mahesana in

Family Suit No.107 of 2024.

3. Considering the averments made in the application particularly in

Para-2 and Para-3, wherein it is indicated that applicant has preferred

NEUTRAL CITATION

C/CA/2779/2025 ORDER DATED: 09/06/2025

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present Appeal with the assistance of Legal Aid Committee of High Court

of Gujarat at Ahmedabad and days consumed in approaching for Legal

Aid.

4. Considering the fact that the delay is that of 33 days, which is not

inordinate and considering the list, which is appearing before this Court,

application deserves consideration.

5. Hence, the application is allowed. Delay of 33 days in preferring

the Appeal against judgment and decree dated 11-09-2024 passed by the

Principal Judge, Family Court, Visnagar, Mahesana in Family Suit No.107

of 2024 is ordered to be condoned. The Registry is directed to list First

Appeal in due course.

(A.Y. KOGJE, J)

(NSSG,J) PARESH SOMPURA