Kajalben W/O Ishwarbhai Popatbhai ... vs Ishwarbhai Popatbhai Vakaiya
2025 Latest Caselaw 5101 Guj

Gujarat High Court

Kajalben W/O Ishwarbhai Popatbhai ... vs Ishwarbhai Popatbhai Vakaiya on 24 June, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                        NEUTRAL CITATION




                            C/CA/1810/2023                               ORDER DATED: 24/06/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1810
                                                of 2023

                                         In F/FIRST APPEAL NO. 17496 of 2022

                     ==================================================
                             KAJALBEN W/O ISHWARBHAI POPATBHAI VAKAIYA AND D/O
                                       GANPATBHAI RAMJIBHAI SATASIYA
                                                   Versus
                                       ISHWARBHAI POPATBHAI VAKAIYA
                     ==================================================
                     Appearance:
                     ADITYA D DAVDA(8354) for the Applicant(s) No. 1
                     MR NIRAV C SANGHAVI(5950) for the Respondent(s) No. 1
                     MR. KISHAN H DAIYA(6929) for the Respondent(s) No. 1
                     ==================================================

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

                                          Date : 24/06/2025
                                           ORAL ORDER

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

[1] Learned advocate appearing for the applicant is absent.

[2] This application is for condoning the delay of 344 days in preferring the appeal against the judgment and order dated 10.05.2019 passed by the learned Family Judge, Surat in Family Suit No.316 of 2016.

[3] In the application, from paragraph '2' onwards, an explanation is given as to how the delay has occurred. Learned advocate for the respondent has mildly objected to the grant of the application by submitting that, as a matter of fact, the delay

NEUTRAL CITATION

C/CA/1810/2023 ORDER DATED: 24/06/2025

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is far more, considering the day on which the impugned judgment and order was pronounced in the year 2019 and in between the pandemic period advantage is being taken by the wife, which is not otherwise available to her.

[4] Having considered the nature of litigation, the parties involved, the fact that the applicant is the wife and has explained the delay sufficiently, the delay is required to be condoned. Accordingly, the application is allowed. The delay of 344 days in preferring the appeal is condoned. Rule is made absolute.

[5] Registry to list the main appeal on 02.07.2025 and reflect the name of Mr Nirav C. Sanghavi, learned advocate, as an advocate for the respondent.

(A.Y. KOGJE, J.)

(NSSG, J.) DHARMENDRA KUMAR